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(영문) 대전지방법원 2014.04.11 2013나3123

퇴직금

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1. Of the judgment of the court of first instance, KRW 11,339,105 against the Plaintiff and its related amount from April 21, 2012 to April 11, 2014 against the Defendant.

Reasons

1. Basic facts

A. The defendant is a company with the objective of bus passenger transport business.

The Plaintiff served as a driver from November 25, 2006 at the Defendant Company and retired on January 20, 2012 (hereinafter “instant retirement”).

B. Conclusion of a collective agreement 1) The Defendant’s trade union around January 2008 (hereinafter “trade union”)

(A) A collective agreement with the effect of February 1, 2007 (hereinafter referred to as “former collective agreement”) which entered into and entered into with the Department.

In relation to the payment of retirement allowances to workers, Article 44 provides that workers shall pay retirement allowances as follows:

A company shall pay the retired employee for 30 days' ordinary wages as a retirement allowance for one year.

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.

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

2) The collective agreement that the Defendant entered into with a trade union on July 6, 2011 and effective as of July 1, 201 (hereinafter “after the amendment”) is deemed to be a collective agreement.

In relation to the payment of retirement allowances for workers, the following provisions are provided.

Article 44 A company shall pay the amount equivalent to the average wage for 30 days provided for in Article 8 of the Guarantee of Workers' Retirement Benefits Act to the retired employee as a retirement allowance for one year.

provided that:

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

2. The company shall accumulate retirement allowances as retirement pension for financial rights;

Article 81. The execution of this Convention may not lower the working conditions so obtained.

(c) interim settlement of retirement pay; and