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(영문) 대전지방법원홍성지원 2014.04.15 2013가단11317

퇴직금

Text

1. The Defendant’s KRW 4,551,904 as well as the annual rate of KRW 5% from January 6, 2014 to April 15, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company with the objective of bus passenger transport business. On July 1, 2002, the Plaintiff was employed by the Defendant and was employed as the Defendant’s driver until his retirement on October 1, 2012 (hereinafter “the first retirement”). On October 15, 2012, the Plaintiff re-entered on October 14, 2013, and then served as the Defendant’s driver until his retirement on October 14, 2013 (hereinafter “the second retirement”).

B. 1) A collective agreement concluded with a trade union on January 7, 2008 (hereinafter “instant collective agreement”) that the Defendant entered into with a trade union and entered into force on February 1, 2007 (hereinafter “instant collective agreement”).

With respect to the payment of wages and retirement allowances to workers, Article 41 (Payment of Wages System) provides that:

4. 1) A company shall pay 50% of the daily amount of overtime allowances to workers exceeding 20 days a month in addition to the daily amount specified in the wage agreement. Article 44 (Retirement Allowances) The company shall pay the retired employees for 30 days’ ordinary wages as retirement allowances for one year. The company shall pay 25 days’ ordinary wages to retirement allowances. The company shall pay 25 days’ ordinary wages to those who have served 5 years’ ordinary wages, and the company shall pay 5 days’ ordinary wages every year to those who have served 5 years’ ordinary wages. 2) The Defendant entered into a trade union with the labor union on July 6, 201 and enter into force on July 1, 201 (hereinafter “instant collective agreement”) provides for the following collective agreements in relation to the payment of workers’ wages and retirement allowances:

Article 41 (Payment System of Wages)

4. Holiday allowance 1) A company shall pay 50% of the daily wage as overtime allowance, in addition to the daily wage specified in the wage agreement, only to the workers who are more than 20 days a month. A company under Article 44 (Retirement Allowance) shall pay to the retired employee an amount equivalent to the average wage of 30 days under Article 8 of the Act on Guarantee of Workers’ Retirement Benefits as a retirement allowance for one year. Article 81 (Mandatory Retirement Allowance does not lower all the working conditions obtained by reason of the conclusion of this agreement.

(c).