법무법인바른 사이트는 IE11이상 혹은 타 브라우저에서
정상적으로 구동되도록 구현되었습니다.

익스플로러 10 이하버전에서는 브라우저 버전 업데이트 혹은
엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.

1. Case Overview
a. Party represented by Barun Law:
A former executive (Plaintiff) who resigned from Company K

b. Background of the case:
The plaintiff joined Company K as an employee and later served as a registered executive before resigning. Upon resignation, Company K paid the plaintiff a severance amount that was significantly lower than what was stipulated in its executive severance pay regulations. The plaintiff subsequently filed a lawsuit seeking the remaining severance pay, calculated according to the executive severance pay regulations, minus the amount already received, along with delay damages. The trial court fully upheld the plaintiff's claims.

c. Litigation:
Company K appealed the first-instance decision, asserting (1) that the executive severance pay regulations and the related shareholder and board meeting minutes submitted by the plaintiff had been forged by him, (2) that Company K had never applied those regulations in practice, and (3) that the plaintiff's severance claim constituted a breach of fiduciary duty against the company.

In response, we (1) closely analyzed seal imprints and inconsistencies in Company K's assertions, proving that the executive severance pay regulations were lawfully approved by the shareholders' meeting, (2) presented objective evidence showing that Company K had internally and externally recognized and used the severance regulations, (3) emphasized that the plaintiff acted within the scope of legitimate managerial authority and significantly contributed to the company's growth, thereby deserving severance pay, and (4) provided a systematic and comprehensive interpretation of relevant laws, Company K's regulations, and severance practices for other executives to reasonably support the plaintiff's claim.

2. Judgment and Grounds
The appellate court accepted all of our arguments and dismissed Company K's appeal. The judgment was finalized as Company K did not further appeal.

3. Our Role and Arguments
We focused on substantiating the validity and legal force of the executive severance pay regulations through objective evidence. Despite Company K submitting employee statements and forensic documents claiming forgery, we meticulously identified inconsistencies and credibility issues in those documents and proved that the company's allegations were untrue.

4. Significance of the Judgment
This case confirms that, even when a company denies the legal validity of internal severance pay regulations, it is possible to establish their enforceability through clear evidence. The judgment also underscores the principle that executives should be fairly compensated for their contributions to the company's success.