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(영문) 대법원 2020.08.27 2017다229246
명예퇴직금 청구의 소
Text

Plaintiff

All appeals by both plaintiffs and defendants except I are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed).

1. As to the remaining plaintiffs' grounds of appeal except the plaintiff I

A. On the grounds as indicated in its reasoning, the lower court, based on the first ground of appeal, determined as follows: (a) the instant short-term union provision was a provision regarding the criteria for calculating the amount to be paid when the Defendant approves the voluntary retirement of an employee.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on the interpretation of a collective agreement or by failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, etc.

B. The lower court rejected the Plaintiffs’ assertion that the Defendant’s failure to approve the Plaintiffs’ voluntary retirement application constitutes abuse of discretionary power, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the abuse of discretion on approval of voluntary retirement and the existence and validity of labor-management practices, or by failing to exhaust all necessary deliberations, thereby adversely recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, etc.

2. As to the Defendant’s ground of appeal

A. The first instance court rejected the Defendant’s assertion that the Defendant did not have the obligation to pay the honorary retirement benefits, as the Plaintiff I signed and sealed the withdrawal agreement of honorary retirement allowances, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the record, the lower court’s aforementioned judgment is so decided as per the grounds of appeal.

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