임금(퇴직금)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The facts of the premise are the company established for the purpose of passenger transport business, etc., and the plaintiff was employed by the defendant as a member of the Korea Automobile Trade Union Federation, Seoul Bus Trade Union on March 2, 2001, and retired on August 1, 201.
The Defendant’s wages to be paid to the Plaintiff shall follow the collective agreement and wage agreement concluded between the Seoul Metropolitan Government Transport Business Association and the said trade union (hereinafter “instant wage regulations”). The main contents of the Plaintiff’s wage regulations on the working period of the Plaintiff (it is from 2012 to 2014) are as follows.
Article 2 (Effect) of the Collective Agreement shall take precedence over all agreements or contracts in respect of the rules of employment, other rules provided by the Company, and in respect of companies and their employees.
Article 4 (Scope of Members) (1) Company recognizes that an employee is a member of a trade union automatically at the time of his/her membership.
§ 22 (Reward) ① A company shall be divided into six parts per annum (600 per annum) to its members (members) and shall be paid according to their service performance as follows:
Provided, That it shall not be paid for six months from the date of entry.
(hereinafter omitted) (2) No bonus shall be paid to interim retirees during the period for calculating bonus payment.
Article 23 (Retirement Allowances) The Company shall pay retirement allowances at a progressive rate for those who have served for at least one year after retirement as follows:
(hereinafter referred to as "wages system") Article 4 (Calculation) of the Wage Agreement (1) ① Si-level 2, a separate salary grade (basic salary grade) shall apply.
(3) Bonuses under Article 6 (Reward) of this grade shall be paid in accordance with Article 22 of the collective agreement.
In accordance with the instant wage regulations, the Defendant calculated ordinary wages on the basis of the city level or the monthly basic level from 2012 to 2014, and calculated and paid various allowances accordingly to the employees including the Plaintiff. The Defendant did not pay bonuses to the interim retirees regardless of the period of service.
[Reasons for Recognition]: The facts without dispute, Gap 1-6 evidence, and Eul 7-10 evidence, respectively.