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(영문) 서울고등법원 2015.03.04 2014나2022275

퇴직충당금 미수금청구

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1. From among the judgments of the first instance court, defendant Heavy Industries Co., Ltd., human resource company, and Incheon Container Terminal.

Reasons

1. Basic facts

(a) Status 1 of the parties as an incorporated association of the Korea Harbor Logistics Association (hereinafter “harbor Logistics Association”).

(2) In order to improve the function of loading and unloading of harbors and promote the rationalization thereof, and promote the sound development of harbor transport business, the Defendants are both harbor transport business entities under the Harbor Transport Business Act, which are members of the Port Logistics Association. The Defendants are also members of the Port Logistics Association. (2) From around 1978, the Plaintiff is a committee established within the Port Logistics Association to set aside a certain percentage of harbor transport charges as a retirement allowance for port workers (hereinafter “retirement allowance”) from among harbor workers who belong to the Port Trade Union for the purpose of guaranteeing their livelihood after retirement.

(B) Before commercialization, port workers were not subject to retirement allowances under the Labor Standards Act as they belong to port trade unions and put into port operations according to the needs of port transport business operators, and the retirement allowances system was introduced in terms of the welfare of port workers.

1) According to the retirement allowance scheme implemented in around 1978, for a harbor transport business entity subject to Article 10(1) of the Harbor Transport Business Act, the amount calculated by adding the retirement allowance scheme calculated in accordance with the “harbor loading and unloading fare scheme” authorized by the Government to the basic fare (i.e., “1.5% of the internal fare”).

The following shall be collected at the port loading and unloading charges (hereinafter referred to as “authorization rate system”):

Of them, the amount equivalent to retirement allowances has been accumulated in the funds to be paid to port workers by paying to the Plaintiff, and in the case of harbor transport business operators subject to Article 10(2) of the same Act, the Government shall pay the amount agreed between the individual harbor users as the cost of loading and unloading.