logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.02.04 2019가단507990
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into an employment contract with the Defendant up to June 30, 2017 and retired from office on March 31, 2016, with the retirement age of one year and three months prior to the retirement age of one year and three months.

B. The Defendant was implementing the system of voluntary retirement and voluntary retirement in accordance with the employee personnel management regulations, but the Plaintiff has served for not less than 20 years as the Plaintiff, and the retirement allowance corresponding to the number of remaining months of retirement age within 60% of the total amount of the scheduled monthly amount of retirement, where a worker who has served for not less than one year but less than five years wants voluntary retirement, is paid within budgetary limits, and where a worker who has served for not less than one year applies for voluntary retirement due to restructuring or organizational change, he/she may be paid a retirement allowance equivalent to six months of the expected monthly amount of retirement.

C. According to the aforementioned retirement system, the Defendant had no employee who had voluntarily retired after the Defendant implemented a desired retirement for four workers at around 2010. On March 10, 2016, upon applying for voluntary retirement to the Defendant on or around March 28, 2016, the Plaintiff notified the Plaintiff of his retirement as of March 31, 2016, and on April 15, 2016, paid KRW 27,743,210, which deducts the income tax withheld from the retirement allowance of 28,475,250.

There is no precedent in which the defendant paid allowances to workers under voluntary retirement prior to the plaintiff.

[Reasons for Recognition] Evidence No. 1, Evidence No. 4, Evidence No. 1-4, Evidence No. 1-2, Evidence No. 3, the purport of the whole pleadings

2. Appropriateness of the cause of the claim;

A. According to the Defendant’s enforcement guidelines regarding voluntary retirement, 60% of the actual monthly amount of retirement scheduled shall be paid as voluntary retirement allowances according to the purport of the assertion. The Plaintiff’s actual receipt amount around March 2016, which is the month scheduled for the Plaintiff’s retirement, shall be paid as voluntary retirement allowances. The Plaintiff’s three-month benefits immediately before retirement KRW 9,070,603, which is the month scheduled for the Plaintiff’s retirement.

arrow