임금
1. Each of the plaintiffs' appeals is dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for adding the following judgments to the new argument of the plaintiffs at the trial of the court of first instance, and therefore, the reasoning of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The plaintiffs asserts that Article 42(3) of the collective agreement that did not pay bonuses to retired workers prior to the payment date violates the principle of prohibition of forced labor (Article 7) and the principle of prohibition of agreement on penalty for breach of contract (Article 20), and the limit of reduction of pay (Article 95) as well as the aforementioned provisions.
In full view of the fact that Article 42(3) of the collective agreement provides that the bonus payment claim of the Plaintiffs is a right under the condition of suspension (which shall be in office on the payment base date), the right to claim bonus payment does not occur from the beginning when the conditions of suspension are not satisfied, and the right not to claim bonus payment cannot be waived since the waiver of the right is premised on the existence of the right, etc., Article 42(3) of the collective agreement cannot be deemed to have agreed to waive the right to claim bonus payment.
According to Article 42 (3) of the collective agreement, the plaintiffs' right to claim bonus payment is a condition precedent (requirements for re-employment). Since the defendant unilaterally does not depend on the fulfillment of the above condition of suspension, the above provision does not violate the principle of prohibition of forced employment, the prohibition of penalty agreement, and the reduction limit of salary. Therefore, the plaintiffs' assertion is without merit.
B. Notwithstanding the provisions of the collective agreement, the plaintiffs have paid the regular bonus and special bonus on a daily basis, and the regular bonus is a kind of wage between the labor and management.