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(영문) 대구지방법원포항지원 2017.08.24 2016가합11481

임금

Text

1. The defendant shall attach the attached Form to the plaintiff (appointed party) and the appointed party.

2. The plaintiff's claim amount table "8 months."

Reasons

1. Basic facts

A. The Defendant is a company that carries out transportation business, transportation brokerage business, and construction machinery leasing and maintenance business with the Administration from Sco Co., Ltd. (hereinafter “Sco.”). The Plaintiffs were employed by the Defendant and work as the Defendant, and the Plaintiffs retired from the Defendant on September 1, 2016 and retired from employment to Sco Co., Ltd. (hereinafter “Sco”).

B. On August 2015, C, the chairman of the Defendant’s trade union, on behalf of the workers including the Plaintiffs, agreed with the Defendant as follows regarding the terms and conditions of severance from franchises:

(hereinafter referred to as “instant agreement in 2015”). 1. Whether to preserve wages (the difference of wages subject to transfer) (the Defendant’s compensation from the month the transfer is determined and implemented to the end of December, 2017) - The standards for calculating the difference of wages shall be calculated as of July 7, 2015, and the period shall be from the month the transfer is determined and implemented to the end of December 2017.

(b)

5. Payment of retirement consolation benefits to be transferred (payment of ordinary wages 200%);

C. On August 23, 2016, the above C agreed with the Defendant under the trade union name as follows with respect to the terms and conditions of severance from franchises:

(hereinafter “instant 2016 Agreement”). 1. The subject of the transfer is an employee who was organized on board the work to be transferred at present.

However, in accordance with the retirement age regulations of franchises, where a franchisee refuses to accept from 1957 to 1958, he/she shall be excluded from persons subject to immigration control.

(b)

3. The defendant shall make best efforts to maintain the current subject’s working conditions.

4. The time of the transfer of the enemy is the date on which the defendant and the franchise have been agreed ( September 1, 2016).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3, witness C's testimony, the purport of whole pleadings

2. Determination on claims for retirement consolation benefits and compensation for difference in wages

A. The plaintiffs' assertion and the defendant leave their job to franchise.