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(영문) 서울서부지방법원 2016.06.10 2016나244
퇴직금 및 임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 27, 2007, the Plaintiff is employed by the office staff of the Defendant Association Establishment Promotion Committee approved by the head of Eunpyeong-gu, who is working at the monthly salary of 1.5 million won per month;

On June 20, 2010, the Defendant Union’s inaugural general meeting, held on June 20, was elected as the president of the association, and was paid the remuneration of 3 million won (one year and 36 million won) and 12 million won (three million won in each month, six months, September, and December) each month until he/she retires from office on January 16, 2014, and performed the duties of the president of the association.

B. According to Article 5 of the Operational Rules of the Defendant Association Establishment Promotion Committee, a promotion committee may perform its duties until the date when the association is authorized to establish the association, and when the association is established, all its duties and assets shall be transferred to the association and the promotion committee shall be dissolved. In addition, the promotion committee shall report its duties to the general meeting, and the rights and duties related to the duties performed by the promotion committee shall be comprehensively succeeded, but the association shall not be succeeded to the association.

C. The Defendant Union obtained the authorization of establishment from the Eunpyeong-gu Office on December 1, 201, and completed the registration of incorporation on December 29, 201.

Article 19 of the articles of incorporation of the defendant association provides that remuneration shall be paid to the executives, and Article 19 (1) of the Regulations on the Internal Management of the defendant association provides that paid executives and employees shall pay the prescribed bonus, 400% per annum of 100% per quarter, and 3, 6, 9, and 12. Paragraph (2) provides that paid executives and employees shall pay retirement benefits in accordance with the Labor Standards Act when they retire.

E. On January 16, 2014, the Plaintiff retired from the president of the partnership, and at the meeting of the board of directors of the Defendant Union held on February 6, 2014, the Plaintiff resolved to pay the retirement allowance to the Plaintiff.

Defendant Union, the Assembly on December 14, 2013.

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