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(영문) 대전지방법원홍성지원 2019.07.09 2015가단4726

퇴직금등

Text

1. The Defendant’s KRW 35,763,673 as well as the Plaintiff’s annual rate of 5% from May 20, 2015 to July 9, 2019.

Reasons

1. Basic facts

A. 1) The Defendant is a company with the purpose of bus transport business (in the city). 2) The Plaintiff is a person who has been employed as an employee of the Defendant for 9,343 days from August 1, 1989 to February 28, 2015.

(The plaintiff was born D and has worked around 58 years of age under the main sentence of Article 21 of the collective agreement. (B)

1) A collective agreement is concluded by the Defendant on February 1, 2007, E Trade Union (hereinafter referred to as “EM”)

(2) A collective agreement entered into with another collective agreement (hereinafter referred to as “former collective agreement”).

Article 44 provides for the payment of retirement allowances to workers as follows. Collective agreement ( February 1, 2007) Article 44 (Retirement Allowance Company shall pay retirement allowances for 30 days ordinary wages to retired employees as retirement allowances for one-year period.

provided that:

1. The number of months exceeding one year shall be paid by adding the amount calculated by multiplying the number of months of continuous service to the amount obtained by 12/day of ordinary wages for 30 days as a retirement allowance;

2. The ordinary wage shall be the daily wage amount;

3. Where the number of working days in the last month of his/her service is at least 15 days, it shall be deemed one month;

4. A company shall accumulate a retirement allowance;

5. A person who has retired from retirement shall pay 30 days in addition to a retirement allowance by adding it to a separate retirement allowance.

6. A company shall pay twenty-five days’ worth to a retirement allowance for a person with continuous service for a total of five years, and five days’ worth to a person with continuous service for five years or more shall be paid in addition to a retirement allowance every year.

Provided, That the retirement benefits system shall not apply from October 1, 2006.

7. Persons in continuous service for less than one year shall be excepted; and

2) A collective agreement concluded with Eno on July 6, 201 with the effective date of the agreement that the Defendant entered into with Eno on July 1, 2011 (hereinafter “after amendment”).

Article 44 (Retirement Allowance Company shall pay to the retired employee for 30 days’ average wage under Article 8 of the Act on Guarantee of Workers’ Retirement Benefits as retirement allowance for one-year period.

provided that:

1. Continuous service personnel of less than one year shall be excepted;

2. The company shall pay a retirement allowance.