logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.15 2016가합567465
퇴직금 청구의 소
Text

1. The Defendant: (a) KRW 12,140,350 to Plaintiff A; (b) KRW 40,144,593 to Plaintiff B; and (c) from January 15, 2016 to each of the said money.

Reasons

1. Basic facts

A. On September 1, 2015, the Defendant merged the Korea Exchange Bank (Korea Exchange Bank) with a corporation operating banking business under the Banking Act.

Around December 22, 2015, the Defendant publicly announced that the period of special retirement shall be from December 22, 2015 to December 24, 2015, for employees who meet the fixed period of continuous service, and the main contents thereof are as follows:

1. At least 43 years of age (including class B/6 of age before December 31, 1972) Hasheshesheshes at least 40 years of age (including class B/6 of age), and at least 40 years of age (including birth before December 31, 1975), among general employees (including regular employees) who meet the following conditions among the period of service subject to application for classification (basic date of service: December 21, 2015);

2. Details of support for special retirees;

(a) Calculation basis of special retirement allowance 1): The average monthly standard wage ¡¿ (monthly average wage) the number of months of payment (monthly standard wage) / the amount reflecting the following matters in Article 21 of the Enforcement Rule of the Regulations on the Retirement Allowances for Employees of Foreign Exchange Bank (the scope of average wage):

1. To apply overtime work allowances in a lump sum, which meet the fixed criteria corresponding to eight hours at the office of overtime work (person in charge, day duty) and twelve hours at the office of business;

2. Annual allowance: The base date for calculating the number of days of compulsory use of the special retirement allowance: The number of months of payment of the special retirement allowance: At least the number of months of payment of the special retirement allowance after July 1961, but not less than 24 months of 30 months, respectively; at least 45 years of age (the birth before December 31, 1970): Additional six months;

B. On February 1, 1979, Plaintiff A joined Korea Exchange Bank on March 1, 1991, and Plaintiff B applied for voluntary retirement in accordance with the aforementioned special retirement guidance and retired from the Defendant on December 31, 2015.

C. At the time of retirement of the Plaintiffs, the Defendant calculated the average wage by only the basic salary, job-based salary, middle class, self-driving subsidy, employee pension subsidy, employee pension2, achievement payment, annual leave payment, monthly compensation, and self-development allowance, and as the statutory retirement allowance for the Plaintiff A.

arrow