1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On September 26, 2005, the Plaintiff joined the Defendant as a certified claims adjuster and retired on December 9, 2016.

The defendant's rules of employment provide that "the person who voluntarily retires or voluntarily retires may pay a monetary reward and consolation benefit to the retirement benefit as prescribed separately by the Rules of Employment."

(Article 121(4). However, the detailed implementation policy of voluntary retirement or voluntary retirement is not provided with a separate provision according to delegation of the above rules of employment, and the defendant is taking into account the annual end of each year as well as the status of human resources and finances and provides guidance to employees by determining whether to implement the voluntary retirement system and the criteria for qualification.

In November 2016, the defendant received an application for voluntary retirement from the early police officer, but decided not to accept an application for voluntary retirement from a person who is less than 15 years of service or who does not reach 45 years of age.

The plaintiff is less than 15 years of continuous service and does not meet the qualification requirements for the above voluntary retirement application because he/she does not reach 45 years of age.

【Unfounded-founded-based dispute, Nos. 1 and 2, and the Plaintiff’s assertion-based employer shall accept an employee’s voluntary retirement application in accordance with the principle of rationality and equity, and shall not abuse his/her authority for examination and decision.

Although the Defendant received a voluntary retirement application from B and C for the 12-year continuous service year, it is unfair that the Plaintiff did not receive an application for voluntary retirement for the 11-year continuous service period. Therefore, the Plaintiff is obliged to pay KRW 120 million of the honorary retirement allowance and damages for delay.

If a worker applies for the voluntary retirement, the voluntary retirement is to terminate a labor relationship by an agreement by examining the requirements of the employer and approving it after examining the requirements.

(See Supreme Court Decision 2003Da1632 delivered on June 27, 2003). Therefore, we examine whether the Plaintiff applied for voluntary retirement to the Defendant, and the Defendant.