beta
(영문) 대전지방법원홍성지원 2019.07.09 2015가단4719

퇴직금등

Text

1. The Defendant’s KRW 24,249,754 as well as the Plaintiff’s annual rate of KRW 5% from May 20, 2015 to July 9, 2019.

Reasons

1. Basic facts

A. 1) The Defendant is a company with the purpose of bus transport business. 2) The Plaintiff is a person who has served as a commissioned employee for 6,292 days from October 12, 1996 to January 2, 2014 (the Plaintiff was born D and has served as the retirement age under the main sentence of Article 21 of the collective agreement) and again for 365 days from January 9, 2014 to January 8, 2015.

B. 1) The Defendant entered into a collective agreement. On February 1, 2007, the E-Fran Association B trade union in the Chungcheongnam-nam Branch B (hereinafter “B labor union”).

(2) A collective agreement entered into with another collective agreement (hereinafter referred to as “former collective agreement”).

Article 44 provides for the payment of retirement allowances to workers as follows. Collective agreement ( February 1, 2007) Article 44 (Retirement Allowance Company shall pay retirement allowances for 30 days ordinary wages to retired employees as retirement allowances for one-year period.

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.

Provided, That the retirement benefits system shall not apply from October 1, 2006.

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

2) A collective agreement concluded with B on July 6, 201 with the Defendant as of July 1, 2011 (hereinafter “after amendment”) on the effective date.

Article 44 (Retirement Allowance Guarantee Act, a retirement allowance company shall be one-year average wage for 30 days to retired employees under Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits.