2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

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A. The defendant is a corporation established on March 17, 1965 for the purpose of passenger transport service, etc., and the plaintiffs were employed as an engineer belonging to the defendant company.

B. Meanwhile, since around 2005, the labor and management of the Defendant Company concluded a wage agreement to the effect that “the method of calculating retirement allowances shall be calculated on the basis of 18 days of full attendance, regardless of the number of days of service at the time of retirement” (hereinafter “instant agreement”).

C. The Plaintiffs are working for the same period as indicated in each of the following table:

The defendant retired from office under the agreement of this case without paying only the "retirement as of 18 days of full attendance" and did not pay some of the retirement allowances as stated below in the corresponding "amount of unpaid retirement" as stated below.

The unpaid amount of service period of the Plaintiff 1 A from December 3, 2007 to October 1, 2016, 31, 315, 375 2 B B 2, 2011 to June 29, 201, from November 14, 2016 to November 14, 204, 54, 475 [Grounds for Recognition] from January 23, 2014 to September 12, 2016; Gap evidence 1 through 4; Eul evidence 2-1 through 3; Eul evidence 1-1 through 12; and the purport of the whole pleadings;

2. The assertion and judgment

A. As to the cause of the claim, Article 34 of the Labor Standards Act and Article 8 of the Guarantee of Workers' Retirement Benefits Act provide for the lower limit of the retirement amount to be paid to the retired employee. If the retirement amount calculated by an agreement between the labor and management is lower than the lower limit guaranteed by the above Act, such agreement is null and void in violation of each of the above provisions, which are mandatory laws (see, e.g., Supreme Court Decision 2007Da3293, 33002, Sept. 20, 2007). (2) In accordance with the above legal principle, the instant agreement is null and void as to the instant case. The instant agreement is against Article 34 of the Labor Standards Act, which provides that the “average wage for at least 30 days for one year” shall be paid as retirement allowance, and Article 8(1) of the Guarantee of Workers’ Retirement Benefits Act.

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