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(영문) 수원지방법원안양지원 2017.12.22 2016가단121299

퇴직충당금 지급 청구

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1. The Defendant’s KRW 95,182,655 to the Plaintiff and KRW 5% per annum from December 6, 2016 to December 22, 2017.

Reasons

1. Facts of recognition;

A. The incorporated association C is an organization consisting of D transport business operators as its members for the purpose of improving the functions of loading and unloading ports, promoting the rationalization thereof, and promoting the sound development of D transport business, and the Defendant is a logistics subsidiary of E institutions that carries on crowdfunding business, such as railroad transport, land transport, loading and unloading, and shipping export and import.

B. The Plaintiff, from around 1978 to guarantee the livelihood of D workers after their retirement, set aside a certain percentage of D workers’ retirement allowances as D workers’ retirement allowances (hereinafter “retirement allowances”) and was established within C for the work of paying retirement allowances to the retired workers from among D workers who belong to the FF trade union.

C. From May 2006, the Defendant was selected as an independent operating entity of loading and unloading work from E institutions by integrated operation of G from May 1, 2006, and entered into a wage agreement with H Trade Union (hereinafter “H Trade Union”) that had been conducting unloading work from G before July 19, 2006, with the following main contents (hereinafter “instant agreement”).

Article 2 In order to perform the defendant's work, the Henoon's labor supply shall be performed in good faith, and he/she shall not be employed outside the Hnoon.

Article 3 work referred to in the preceding Article means the Plaintiff’s container unloading work and T/T signal number in the G.

Article 6 Wages shall be paid as follows:

Basic wages (including holiday allowances) shall be paid KRW 1,680,000 per month.

(b) Work hours of overtime work shall be guaranteed 45 hours a month and 436,200 won a month;

Provided, That 50% of the basic wage shall be added to overtime work after 19:00.

Wages for overtime work in excess shall be paid only for actual working hours.

Article 10 (Allowance Risk Allowances shall be paid KRW 150,100 per member per month, regardless of duties or holidays, and an allowance for the head of a Ban shall be paid KRW 465,000 per person per month (51,700 x 30 x 30%).

Article 13 When a disaster occurs during the course of the work of the company.