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(영문) 서울중앙지방법원 2014.06.13 2013가합547934
퇴직충당금 미수금청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) Status 1 of the parties as an incorporated association of the Korea Harbor Logistics Association (hereinafter “harbor Logistics Association”).

A) The Plaintiff is an organization consisting of harbor transport business entities as its members for the purpose of improving the function of loading and unloading ports, promoting the rationalization thereof, and promoting the sound development of harbor transport business. From around 1978, the Plaintiff is entitled to retirement allowances for harbor workers for a certain percentage of the harbor transport charges (hereinafter “retirement allowances”).

) A committee established within the Port Logistics Association for the business of paying retirement allowances to retired workers among port workers who belong to the Port Trade Union (as seen below, prior to the commercialization, port workers were not subject to retirement allowances under the Labor Standards Act as they were placed in port operations as required by harbor transport enterprises without belonging to the Port Trade Union. Accordingly, the retirement allowances system was introduced in terms of the welfare of port workers.

2) The Defendants are members of the Port Logistics Association and run the Port Loading and Unloading Business at Incheon port. 2) The Port Logistics Association and the Plaintiff have their own articles of association or bylaws. The main contents are as follows.

The association of Article 3 (Business) of the Articles of Incorporation (Port Logistics Association) shall carry out the following business to achieve the objectives specified in the preceding Article:

11. Overall management of retirement allowances for harbor workers (Matters to be resolved by a general meeting)

Article 21 (Meeting Resolution) (1) A resolution shall be adopted at the meetings of a majority of partners and with the concurrent vote of a majority of the number of present members.

Provided, That matters concerning subparagraphs 2 and 5 of Article 17 shall be decided with the consent of at least 2/3 of the members.

Article 30 (Special Committee) (1) The deliberation and resolution body for the promotion of the projects referred to in subparagraphs 11 through 14 of Article 3 shall be the one.

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