logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원경주지원 2017.12.12 2017가단10216
명예퇴직금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 14, 191, the network D (hereinafter “the network”) joined the Defendant company and worked for the Defendant company. On December 13, 2016, the Defendant company applied for voluntary retirement (hereinafter “instant application for voluntary retirement”) and died on December 16, 2016.

B. As the Deceased died on December 16, 2016, the Plaintiff B and C, who is the wife, succeeded to the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. On December 13, 2016, immediately before the deceased’s death, the gist of the Plaintiffs’ assertion filed an application for voluntary retirement with the Defendant Company. The deceased, as an employee of the Defendant Company, a public corporation, bears his/her duties and responsibilities (e.g., grounds for restrictions on voluntary retirement, prohibition of engaging in profit-making, and grounds for disqualification)

The application for the voluntary retirement of the deceased does not fall under the grounds for restrictions on the voluntary retirement, and the deceased died before the scheduled date of the voluntary retirement and retired due to the cause not attributable to the deceased.

The defendant company is obligated to pay the deceased's voluntary retirement amount of KRW 251,004,750 to the deceased's heirs.

Therefore, the Defendant Company is obligated to pay to the Plaintiff A KRW 107,573,464 (=251,004,750 x 3/7), the Plaintiff B, and C respectively (=251,004,750 x 2/7) and damages for delay.

B. 1) Determination 1) The deceased applied for the voluntary retirement on December 13, 2016 to the Defendant company, and Article 24(1) of the Rules on the Remuneration of the Defendant Company provides that “The honorary retirement allowance of the deceased shall be added to the retirement allowance stipulated in Article 23 of the Regulations,” and if the deceased voluntarily retired on December 18, 2016, the fact that the honorary retirement allowance received by the deceased was 251,004,750 does not conflict between the parties. (2) According to the above provision, the employee’s claim for the honorary retirement allowance against the Defendant company shall be made.

arrow