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(영문) 의정부지방법원고양지원 2019.01.18 2017가합834
임금 등
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 (hereinafter “Defendant Corporation”) is an institution established pursuant to Article 76(1) of the Local Public Enterprises Act and Article 259 of the Ordinance on the Establishment of the Authority for the Management of Telecommunications Facilities.

B. The Plaintiffs were those who were employed by and retired from the Defendant Corporation and were employed as street cleaners, and Plaintiff A and C retired from office on June 30, 201, Plaintiff B and Plaintiff D on June 3, 2011, and Plaintiff D on December 31, 2012, Plaintiff E, and F respectively on June 30, 201.

C. Defendant Corporation, while paying annual leave allowances, overtime and night leave allowances, etc. during the Plaintiffs’ working period, excluded continuous service charges, meal service charges, transportation subsidies, bathing expenses, terminal allowances, terminal allowances, overtime allowances, physical training allowances, and holiday leave allowances from ordinary wages, which serve as the basis for the calculation thereof. The Plaintiffs received retirement allowances based on the allowances calculated as above.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion (1) The defendant Corporation calculated legal allowances except for the allowances of the nature of ordinary wages, and paid retirement allowances to the plaintiffs based on this.

Therefore, Defendant Corporation is obligated to pay the difference between the amount of money and the retirement pay paid to the Plaintiffs by re-fixing retirement allowances based on the legitimately calculated ordinary wages.

In addition, according to the Ministry of Public Administration and Security guidelines, even though Defendant Corporation has to pay employees who have served for not less than 10 years in addition to 50% of retirement allowances, Defendant Corporation did not comply with the above regulations while paying retirement allowances to the Plaintiffs. Defendant Corporation is obliged to pay additional amounts equivalent to 50% of retirement allowances which are fixed based on legitimate ordinary wages as above.

However, the plaintiffs seek additional payment of the amount equivalent to 20% within their scope.

The total amount of retirement allowances to be paid by the plaintiffs according to the above calculation is the amount claimed.

(ii)be ancillary;

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