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(영문) 대법원 2019.05.16 2017다209037
명예퇴직위로금 누락분
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

Based on its reasoning, the lower court rejected the Plaintiffs’ assertion that the Defendant’s measure was erroneous, excluding the exceeding 20% of family allowances and the exceeding amount of the annual bonuses, on the ground that the Defendant’s average wage and the amount of the honorary retirement benefits calculated based on the Defendant’s average wage and the amount of the voluntary retirement benefits calculated based thereon, should not be explicitly or implicitly agreed, on the ground that regular bonuses are not included in ordinary wages, because regular bonuses are lacking fixedness, and the Defendant’s president, in setting the payment standards for the voluntary retirement benefits applicable to the Plaintiffs pursuant to the rules on the implementation of voluntary retirement and the management of low-performance and self-sufficiency, and accordingly, it is difficult to deem that the Defendant’s average wage, which serves as the basis for calculating the voluntary retirement benefits, was abused or abused from the scope of discretion.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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