beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
According to the statements in Gap 1-4, the defendant is a company running the manufacture and sale business of chemical substances and chemical products. According to the defendant's corporate register, the plaintiff was appointed as the defendant's director on June 24, 201, but was appointed as the defendant's representative director on October 4, 201, and was dismissed from the representative director on July 18, 2012, and was stated as retired from the director on June 24, 2014. The plaintiff was paid KRW 18,79,996 each year from the defendant to the year 2014, and the plaintiff was paid KRW 8,533,333 as the defendant's salary on October 10, 2015, and the plaintiff was disqualified from the above qualification on July 31, 2015.
The plaintiff's assertion by the parties asserts that since June 24, 2011, the plaintiff worked as the defendant's representative director and director on January 31, 2015, the plaintiff unilaterally retired from his/her office on or before January 31, 2015, the defendant should be paid retirement allowance of KRW 77,90,800 for the above 43-month period (i.e., annual average salary of KRW 108,79,996 x 1/10 x 43/12 x 43 months/ 12 x 2)
The defendant alleged that the defendant did not pay retirement allowances to non-standing executives according to the defendant's retirement allowance regulations. The defendant asserted that the plaintiff does not have an obligation to pay retirement allowances to the plaintiff as long as the plaintiff served as non-standing executives
Judgment
According to the above facts, it is reasonable to view that the Plaintiff was working as a defendant's director from June 24, 201 to June 18, 201, and worked as the defendant's representative director from October 4, 201 to July 18, 2012, and that the Plaintiff was working as the defendant's registration director from July 19, 201 to June 24, 2014, and as the defendant's non-registration director from June 24, 2014 to January 31, 2015.
However, according to the 2-1, 2-2 and 3's articles of incorporation, Article 38 (2) of the defendant's articles of incorporation has passed a resolution of the general meeting of shareholders.