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(영문) 인천지방법원 2019.06.12 2018가단223626
퇴직금 등 지급 청구의 소
Text

1. The Defendant’s KRW 68,910,570 as well as 5% per annum from January 5, 2018 to June 12, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a national university corporation established pursuant to the Act on the Establishment and Operation of National University Corporations B (established by Act No. 11147, Jan. 17, 2012; hereinafter “C Act”).

Article 6 (1) of the Addenda to the C law provides that "An employee of the previous B sexual association (referring to the previous B in order to contribute to the creation of an atmosphere of Myeonology and the improvement of educational conditions by supporting the operation, etc. of educational facilities and universities that do not reach the expense of the founder; hereinafter the same shall apply) shall be deemed to be an employee at the time of the establishment of B by a national university corporation B, and Article 6 (2) of the Addenda to the C law provides that "where a person is appointed as a employee of B by a national university corporation, he/she shall be deemed to have retired

B. On March 1, 1995, the Plaintiff joined the class No. 4 class at the Initial Council.

After the child-care leave on August 13, 2010, the Plaintiff continued to take a continuous period including the child-care leave and the annual leave, and Fourth, the Plaintiff completed the child-care leave on September 4, 2017 and served as a general director in charge of affairs and appointment.

C. From February 2013, the Defendant paid a retirement allowance to the employees deemed to have retired from the employees of the Council B, at the same time, pursuant to the Addenda to the above C law.

However, the Plaintiff at the time of childcare leave did not pay retirement benefits to the Plaintiff.

On January 3, 2018, the Plaintiff confirmed that the payment of retirement allowances was delayed for other employees upon the enforcement of C law after reinstatement, and confirmed on January 3, 2018, that “the Defendant first heard from the employees of other departments on December 21, 2017 that retirement allowances were paid in 2013,” and confirmed that the Plaintiff’s payment of retirement allowances was omitted from the person in charge of payment on December 22, 2017 on the following day.

At the time of payment of retirement allowances, there was no contact with the person in charge on the settlement of retirement allowances.

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