최근 대법원 퇴직금 판례의 법리 분석 - 대법원 2010. 5. 20. 선고 2007다90760 판결; 대법원 2010. 5. 27. 선고 2008다9150 판결; 대법원 2012. 10. 11. 선고 2010다95147 판결; 대법원 2012. 12. 25. 선고 2012다41045 판결 -

초록

Guarantee of Workers’ Retirement Benefit Act and Labor Standard Act are establishing retirement benefit scheme in detail. In spite of these statute laws, there are some blank areas to fill out with legal interpretations on these laws. Among them, contract of retirement allowance separation and calculation of early retirement benefits have been big issues in the academic circles and the bench and bar. Meanwhile, Supreme Court have made several decisions on those issues. This paper analyzes the Supreme Court decisions’ logics and their practical problems. Supreme Court have decided that irregular money given by employers is not the wage or payment defined in Labor Standard Act, and that calculation of early retirement benefits conducted by employers’ unilateral will is valid. This paper criticizes those points of view and points out the unreasonable results they may produce.

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