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(영문) 서울남부지방법원 2014.05.13 2013가합9063

퇴직금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a juristic person running the business related to the enforcement of horse, and under its control a Seoul Regional Headquarters, Busan Regional Headquarters, Jeju Regional Headquarters, and Jeju Regional Headquarters.

B. The plaintiffs are part-time employees who signed a labor contract with the defendant as part-time employees who assist the defendant's horse holding business, and were employed at the branches under the defendant's Seoul Regional Headquarters and retired on each retirement day in the attached list. The plaintiffs T were employed on April 17, 2004; the plaintiffs S were employed on August 16, 2005; and the plaintiffO entered on September 30, 2005; and the rest of the plaintiffs received interim settlement of retirement pay on January 9, 200.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 5-1, Gap 19-1, Eul 1-1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs worked as part-time employees of the defendant for more than one year, and despite the language and text of the employment contract, not less than 15 hours per week, so the defendant is obligated to pay retirement allowances to the plaintiffs.

However, as the defendant introduced the time-off system from July 1, 2012 to the time-off has changed, the plaintiff M,O, S, and T, who thereafter retired, seek the payment of retirement allowances for the period from the time-off to the time-off.

B. The Defendant’s contractual work hours refer to the agreed work hours under the labor contract, and the working hours have been agreed within 15 hours per week under the language and text of the contract entered into between the Plaintiffs and the Defendant. As such, the Plaintiffs are not entitled to retirement allowances on the ground that they constitute “worker whose contractual work hours per week are less than 15 hours per week on average of 4 weeks as set forth in the proviso of Article 4(1)

3. Determination

A. Although the Act on the Guarantee of Workers' Retirement Benefits does not stipulate any special definition as to contractual work hours, Article 2(1)7 of the Labor Standards Act does not stipulate contractual work hours.