퇴직금청구의 소
1. All appeals by the plaintiffs and the defendant are dismissed.
2. Plaintiffs other than Plaintiffs B, C, D, E, F, and G
1. Basic facts
A. The defendant is a legal entity that runs a casino business, and the plaintiffs are the defendant's employees.
B. On December 31, 201, the Plaintiffs received retirement allowances calculated according to the interim settlement of accounts between the Defendant and the retirement allowances.
C. In calculating the retirement allowance as above, the Defendant calculated the retirement allowance without including part of the annual bonus out of the family allowance and special bonus (hereinafter “instant bonus”) that the Defendant paid every month (in the case of 2011, 350% of the annual bonus (in the case of basic salary 300,000) and 200% of which were paid, and the remainder was not included) as the average wage.
Article 3 (Definition of Terms) of the Benefit Regulations (amended on December 28, 2010) (Definition of Terms) (Definition of Terms) shall be defined as follows:
1. The term “benefit” means the basic salary system, allowance, bonus, retirement allowance;
5. The term "retirement allowances" means additional benefits paid according to duties, living conditions, etc.;
7. The term "average wage" means the amount calculated by dividing the salary paid for three months by the calendar from the day immediately preceding the day on which a cause for calculating the average wage occurred and all other money and valuables paid under any other name by the total number of days in the period;
Article 4 (Kinds of Benefits) The kinds of salaries of staff shall be as follows:
1. Basic pay:
2. The various allowances;
3. Bonuses; and
4. Allowances paid to employees under Article 17 (Kinds of Allowances) shall be as follows:
1. Legal allowances (overtime, night, holiday, and annual leave allowances);
2. Family allowances;
3. Special duty allowances.
4. Cultural allowances in remote areas;
5. Position allowances;
6. Customer service allowances;
7. Article 21 (Reward) ① Bonuses was changed into KRW 300,000 in accordance with a collective agreement, with respect to the salary provisions that apply retroactively from January 1, 2011 to the monthly basic pay of KRW 270,000 per year.
600% of the aggregate shall be paid.
(2) The time and criteria for payment of bonuses shall be determined separately by the president.
Article 22 (Special Bonuses) (1) The president shall aim to boost the outcome of management or morale, etc.