1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Since joining the Haan Agricultural Cooperative on July 2, 1982, the Plaintiff was issued as Defendant Nonghyup on April 20, 1989 and served as an employee of the Defendant.

B. Around April 2016, the Defendant’s board of directors decided to pay a 30-month amount as an honorary retirement allowance to an employee who voluntarily retires in a regular society.

C. On April 29, 2016, the Plaintiff submitted to the general affairs department, which is the Defendant’s department in charge of the voluntary retirement, the resignation of the voluntary retirement.

After that, on December 2016, the defendant's board of directors decided to pay a 12-month amount as an honorary retirement allowance to an employee who voluntarily retires, and the plaintiff submitted a resignation report on December 31, 2016 and received KRW 72,97,560 from the defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, the purport of the whole pleadings

2. The assertion and judgment

A. On April 29, 2016, the head of the Plaintiff’s association asserted that the Plaintiff’s association forced the Plaintiff to continue to work without obtaining the approval of the Plaintiff’s resignation. The Defendant’s executive director C, by threatening the Plaintiff to the effect that “I would not consider the Plaintiff to be absent from office without permission, and refer it to the disciplinary procedure without permission, and even if cleaning is made, I would not accept the resignation, and upon referring it to the disciplinary procedure, the Plaintiff would not receive retirement as well as retirement allowances.”

This constitutes a tort under Article 7 of the Labor Standards Act or a tort under Article 750 of the Civil Act.

Therefore, the Defendant is obligated to pay 85,163,820 won (i.e., an honorary retirement allowance of 158,161,380 won (i.e., the monthly salary of 6,083,130 won x the remaining 26 months until the retirement) and damages incurred therefrom, which remains after deducting the amount of 72,97,560 won actually paid from the honorary retirement allowance of 72,97,560 won (i.e., 158,161,380 won - 72,97,560 won) that could have been paid to the Plaintiff on April 29, 2016.