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(영문) 대법원 2015.06.26 2012다70388

퇴직금

Text

The judgment below

Among them, the part against the plaintiffs is reversed, and this part of the case is remanded to the Daegu District Court Panel Division.

Reasons

1. Where there is no precedent of the Supreme Court on the interpretation of statutes applicable to a small case in a specific case, there is a case where a number of small claims, the issue of which is the interpretation of the same statutes, are pending in the lower court, and there is a case where the Supreme Court concludes the case without making a decision on the interpretation of the statutes, on the ground that it is a small amount case, it would be likely that the legal safety of people's lives would be harmed if the case is terminated without making a decision on the interpretation of the statutes. In such special circumstances, even if the Supreme Court did not meet the requirement of "when it makes a decision contrary to the precedents of the Supreme Court," which can be viewed as the ground for appeal, even if it does not meet the requirement of "when it makes a decision contrary to

(2) On August 20, 2004, in calculating retirement allowances for retired workers after the enforcement of Article 6(5) of the Minimum Wage Act which was newly established on the condition that the scope of wages included in the minimum wage of drivers in taxi transport business is the wages prescribed by Presidential Decree except for the wages calculated on the basis of the output, there is no Supreme Court precedent as to whether to reduce the average wage calculated on the basis of the above provision, and there is a situation where the lower court's decision is written. Thus, the lower court's interpretation and application of the above provision of this case are examined ex officio.

Article 6 (1) of the Minimum Wage Act provides that "the employer shall pay the worker to whom the minimum wage is applied the wages above the minimum wage amount," and Article 6 (3) provides that "the amount which falls short of the minimum wage amount among the labor contracts between the worker to whom the minimum wage is applied and