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(영문) 전주지방법원 2019.04.17 2018가단16739
임금
Text

1. The Defendant: (a) against Plaintiff A, KRW 69,428,572; and (b) against Plaintiff B and C, KRW 46,285,714, respectively; and (c) against each said money.

Reasons

1. The rules on the voluntary retirement of employees of the defendant's association shall be applied for the voluntary retirement of employees who are regular employees of Grade V or lower in general service: Employees who are 40 or more years of age and who have served in 10 or more years of age may apply for the voluntary retirement (Article 3); and the head of the association shall determine the eligibility for the voluntary retirement in consideration of whether it is not possible to inflict damage on the E association due to intention or gross negligence in connection with its affairs and whether it is possible to do so under the management conditions of the E association, and shall decide whether to approve the voluntary retirement by referring to the personnel committee as

(Article IV, Section 1, Section 2).

The F served as the 5th class director representative at the Round branch of the Defendant Cooperative due to G students, and applied for voluntary retirement on December 12, 2017.

On January 2, 2018, the Defendant Union issued an order of personnel management for voluntary retirement to F. On January 5, 2018, the Defendant Union recommended a person as a person of distinguished service for voluntary retirement staff members, and on January 5, 2018, the letter of recommendation indicated the date of retirement as January 31, 2018.

After that, the F died on January 21, 2018, the Plaintiff B and C, who is her husband, became co-inheritors according to their respective share of inheritance 3/7, 2/7, 2/7, and 2/7, and the F’s voluntary retirement amount is KRW 162,00,000 when calculating the F’s voluntary retirement amount.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 13, Eul evidence 1 to 3-2, the purport of the whole pleadings

2. Determination

A. The plaintiffs, as F's co-inheritors, sought payment of F's honorary retirement allowance claim against the defendant, the defendant asserts that F's application for F's honorary retirement was deceased before the defendant approved it, and that F's application for F's voluntary retirement did not have any obligation to pay the voluntary retirement

B. In this case, a worker’s application for voluntary retirement is to terminate a labor relationship by an agreement after examining the requirements of the employer and approving the application.

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