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(영문) 서울고등법원 2015.07.24 2014나2046653
퇴직위로금 청구의 소
Text

1. The part against the defendant among the part against the plaintiffs of the judgment of the first instance shall be revoked.

2. With respect to the above revoked part.

Reasons

1. The bankruptcy company is a mutual savings bank authorized by the Financial Services Commission under the Mutual Savings Banks Act. The Financial Services Commission appointed a bankrupt company as an insolvent financial institution on December 21, 2012, and appointed a manager on April 12, 2013 (from April 12, 2013 to October 11, 2013). The decision on the transfer of contracts and the suspension of business and the cancellation of the business license (the date of cancellation shall be the date of declaration of bankruptcy in the future by the competent court) were issued.

On September 2013, the defendant filed a petition for bankruptcy with the Seoul Central District Court 2013Hahap161, and was sentenced to the bankruptcy of the bankruptcy company and the decision to appoint the defendant as the bankruptcy trustee on October 29 of the same year. Accordingly, the authorization for the business of the bankruptcy company was revoked.

The plaintiffs are working in the bankruptcy company.

As retired persons, on July 26, 2013, Plaintiff S: (a) written resignation stating that “I wishing to retire from office as of August 5, 2013 due to personal reasons”; (b) Plaintiff W wishes to retire on August 29, 2013; (c) Plaintiff A wishes to retire on October 14, 2013; and (d) Plaintiff AL submitted to each company a written resignation stating that “I wanting to retire on the date” on October 14, 2013; and (e) Plaintiff AL submitted a written resignation to each company on May 22, 2013 that “I would wish to retire from office on the date of the same month due to personal reasons.”

On the other hand, the conversion of the type of business prior to the reorganization or dissolution (Liquidation, bankruptcy, etc.) of the savings bank

2. A savings bank shall liquidate all wages in arrears in currency when a cause of dismissal or reduction occurs due to the reorganization, dissolution, transfer or conversion of the savings bank, and pay retirement consolation benefits for not less than 18 months of average wages to employees as a result of the settlement of accounts, dissolution, transfer or conversion of the type of business of the savings bank;

3.The time of payment under the above 2 above is within one month when the authorization for business is revoked under the Act on the Structural Improvement of the Financial Industry.

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