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| TITLE | [Retirement Pension]Supreme Court Decision 2004Da34790 Delivered on February 25, 2005 [full Text] |
|---|---|
| Summary | |
| [1] Where a company, in selling part of its business, also transfers the employees of the transferred business sector, along with physical facilities, whether or not the employment relationship of the relevant employees is transferred to the purchaser company and therefore the continuity of the relationship is maintained (affirmative) [2] Where a company, in selling part of its business, also transfers the employees of the transferred business sector, along with physical facilities, and those employees went through the formality of resigning and receiving the retirement pay from the transferor company and re-employment by the transferee company according to the transferor and transferee companies' unilateral decision, and thereafter retires from the transferee company, the scope of retirement pay that the transferor company must pay [3] The case holding that where the broadcasting company comprehensively transferred to KT all of the operational facilities and operation personnel of the broadcasting transmitting and relay stations, and after multiple problems arose, KT transferred back all those facilities and operation personnel to the broadcasting company, such transaction constitutes a business transfer and the employment relationship of the operation personnel shall be deemed as comprehensively succeeded by the broadcasting company; and further, the employment relation was not interrupted although the employees went through the formalities of the resignation from the broadcasting company, the receipt of retirement pay and the reemployment by the transferee company, KT, because they were not done voluntarily | |
