Plaintiff 1 and eight others

Plaintiff 10 and 12 others (Law Firm Love, Attorneys Lee Ho-ho et al., Counsel for the plaintiff-appellant)

Hyundai U.S.C. (Attorney Seo-man et al., Counsel for the defendant-appellant)

August 28, 2003

Seoul District Court Decision 99Gahap75907, 2000Gahap80677 delivered on February 8, 2002

1. Of the judgment of the court of first instance, the part of the loss of Plaintiffs 1, 4, 6, 7, 9, 10, 11, 12, 13, 14, 18, 19, 20, and 21, corresponding to the amount ordered to be paid under the following subparagraphs, shall be revoked.

The defendant shall pay the amount of money in attached Form 1, 4, 6, 7, 9, 10, 11, 12, 13, 14, 18, 19, 20, and 21, respectively, and the amount of money in attached Table 1, 4, 6, 7, 9, 10, 11, 12, 13, 14, 18, 19, 20, and 21, from the corresponding date to September 18, 203, 5% per annum, and 20% per annum from the next day to the date of full payment.

2. All remaining appeals filed by Plaintiffs 1, 6, 7, 10, 11, 13, 14, 18, 19, 20, and 21 and appeals filed by both Plaintiffs 2, 3, 5, 8, 15, 16, 17, and 22 and the Defendant are dismissed.

3. The total cost of the lawsuit between the plaintiffs 4, 9, and 12 and the defendant shall be five minutes, while the total cost of the lawsuit between the plaintiffs 1, 6, 7, 11, 10, 13, 14, 18, 19, 20, and 21 and the defendant shall be borne by the defendant, and the remainder shall be borne by the defendant, respectively. The cost of the appeal between the plaintiffs 2, 3, 5, 8, 15, 16, 17, and 22 and the defendant shall be borne by the above plaintiffs.

4. The part on which money is paid under paragraph (1) may be provisionally executed.

1. Purport of claim

The defendant shall pay to the plaintiffs the amount corresponding to each of the items in the claim amount column in the attached Form b. paragraph (b) above, and to this, 5% per annum from the beginning date of each of the items in the attached Form g. to the sentencing date of the trial of the corresponding case, and 20% per annum from the next day to the day of complete payment (the plaintiffs reduced their claims in the trial).

2. Purport of appeal

A. The purport of the plaintiffs' appeal

The part against the plaintiffs in the judgment of the court of first instance shall be revoked. The defendant shall pay to the plaintiffs the amount corresponding to each of the amounts in attached Form c. The amount of appeal in attached Form c. The amount of money with 5% per annum from each of the dates in attached Form c. to each of the above amounts of award g. judgment, and 20% per annum from the next day to the date of full payment.

B. The defendant's purport of appeal

The part of the judgment of the court of first instance against the defendant shall be revoked, and all of the plaintiffs' claims corresponding to the revocation shall be dismissed.

1. Basic facts

This Court's reasoning is the same as that of the corresponding part of the judgment of the court of first instance. Thus, this Court cites this part of the judgment in accordance with Article 420 of the Civil Procedure Act.

2. The parties' arguments;

In calculating the retirement allowance for the plaintiffs, the plaintiffs claim that the defendant company has a duty to pay the difference between the retirement allowance and the retirement allowance already paid to the plaintiffs, and that the defendant company has a duty to pay to the plaintiffs the amount equivalent to the difference between the retirement allowance and the retirement allowance already paid. The defendant company has a duty to pay the difference between the retirement allowance and the retirement allowance.

Accordingly, the defendant company's assertion that the plaintiffs should be included in the calculation of average wages cannot be deemed as having the nature of wages, rather than payment for work by the defendant company, at a welfare level or on a one-time basis. Even if such money and valuables are included in the wage which forms the basis for the calculation of retirement allowances, the defendant company agreed in advance with the defendant company's trade union on the "total wages between three months" which serves as the basis for the calculation of retirement allowances, and in particular, in calculating the average wages, the defendant company paid the retirement allowances in favor of the plaintiffs by selecting three consecutive months before the date of occurrence of the ground for calculation of the average wages, which would be the basis for the calculation of the average wages, and thus, it cannot be deemed as null and void since the defendant company excluded the above money and valuables claimed by the plaintiffs from the wage which forms the basis for the calculation of the retirement allowances.

3. Facts of recognition;

The following facts are the following evidence, Gap evidence of 56 through 58 (the evidence of 77-5 through 7 of Eul, 59 through 62, Eul evidence of 63-1 through 66, Eul evidence of 2-1, Eul evidence of 2-1 through 3, Eul evidence of 3 through 6-1, 2- Eul evidence of 12, 13, Eul evidence of 77-1 through 9, Eul evidence of 77-2, Eul evidence of 78, 79, Eul evidence of 80-1 through 4 of 80, Eul evidence of 81-1, 2, Eul evidence of 83-1 and 66, Eul evidence of 64-1 to 66, Eul evidence of 2-2, Eul's evidence of 83-1, evidence of 83-1 and evidence of 50-2, and evidence of the whole purport of the oral proceedings, and evidence of the oral proceedings can not be acknowledged.

A. Provisions and payment status of the basic pay and allowances of the defendant company

(1) Payment Rules

Wages refer to wages, salary, and any other money or valuables, regardless of their names, paid by the defendant company to members of a labor union. Ordinary wages refer to monthly wages, daily wages, or hourly wages (basic wages and allowances) that the defendant company shall pay periodically and uniformly for contractual work hours during a month, and the contractual working hours per month in calculating the hourly ordinary wages shall be 240 hours (Article 4 (1) and (2) of the Wage Regulations of the defendant company enforced April 12, 1996 (hereinafter referred to as the "Benefits Regulations"), and there are welfare allowances (regional), continuous service allowances, family allowances, production encouragement allowances, field allowances (in-house, field allowances, on-site allowances, on-the-spot allowances), technical allowances, tank allowances (hereinafter referred to as "fixed allowances") that include ordinary wages. [The minutes of a collective agreement in Articles 65 and 196 of the Collective Agreement (hereinafter referred to as a "collective agreement") in 196 and in Article 65 of the Collective Agreement in 196 and the minutes of a collective agreement in collective agreements (hereinafter referred to in Article 65).

Except as otherwise provided for in these Rules, benefits shall be subject to the provisions of the wage rules [Article 65 of the Rules of Employment of the defendant company (hereinafter referred to as the "Rules of Employment") enforced on October 4, 1994]; benefits shall consist of basic pay, allowances, bonuses, retirement allowances, and other allowances; allowances shall be paid separately where it is deemed appropriate that a company should pay in addition to basic pay for reasons such as special duties, working conditions, qualifications, etc.; allowances paid under a collective agreement or Acts and subordinate statutes shall be paid (Article 3(2) of the Rules of Employment).

The various allowances shall be divided into statutory allowances and voluntary allowances. Statutory allowances shall be paid under the conditions prescribed by the collective agreement and Acts and subordinate statutes if the employee works in excess of statutory working hours or works in excess of hours (Article 23 of the Regulations on Benefits); the calculation of statutory allowances shall be differently applied; 150% of ordinary wages for overtime work hours exceeding eight hours in daily; 20% of ordinary wages for overtime work hours exceeding eight hours in daily; 08:00 through 17:00 of ordinary wages for paid holidays; 150% of ordinary wages for overtime work hours; 300% of ordinary wages for overtime work hours; 22:0 through 22:00; 350% of ordinary wages for hours in excess of statutory working hours; 30% of ordinary wages; 30% of ordinary wages for overtime work hours in addition to the prescribed number of working hours; 40% of ordinary wages for overtime work hours in excess of eight hours in daily hours; 206:00 through 2200, 50% of ordinary wages for which shall be paid separately by the company.

(2) Payment status

(A) In the case of basic pay and statutory allowances:

In the case of a Si rate-based employee, the Defendant Company calculated the rate of increase determined each year through collective negotiations between labor and management at the time of employment, and calculated the basic hourly rate (first hourly rate as basic wages for one-hour work) by applying the rate of increase determined each year during which the employee actually worked, and then calculated the rate of increase determined during the regular working hours, weekly paid hours, weekly paid hours, weekly paid hours, Saturdays, Saturdays, business trips, education, training, and paid leave (first regular rate x â), and ② the above first regular rate of pay plus the amount calculated by dividing the fixed allowances by 240 hours which are the monthly fixed working hours (i.e., the hourly pay +240 hours, and second regular pay), and then the Defendant Company calculated the rate of increase determined during the regular working hours by adding the amount of increase determined during the basic working hours to the number of hours during which the employee actually worked x 1st regular working hours x 1st regular working hours x x 1st regular working hours determined by the basic collective agreement (Ⅱ).

(B) In the case of voluntary allowances:

In regard to the actual condition of the payment of fixed allowances included in ordinary wages, the Defendant Company: (a) monthly remuneration; (b) remuneration for welfare/regional allowances; (c) 40,000 won for the members of class 4 and class 5 or below; (b) 75,00 won for those who have worked for less than 13 through 16 years each month for continuous service allowances; (c) 15,000 won for the spouse; and (d) 10,00 won for each child for two children; and (e) 30,000 won for the members of class 4 and class 5 with field allowances (in cases of internal, external, and on-site allowances for management positions); (b) remuneration for continuous service; (c) remuneration for each of the employees of class 5,00 won for each of the technical allowances in which the technical allowances are provided; and (d) remuneration for production promotion; and (v) remuneration for each of the employees of class 5,000 won for each of the Defendant Company;

(b) Provisions and the actual status of payment with regard to heavy meals and simple meals;

(1) Payment Rules

The defendant company shall provide the members with a heavy food twice a week and provide a special food twice a week, the main examination and the preparation of a meal table, etc. shall be determined through consultation between the labor and management, and the members who have been extended for more than two hours shall be provided with a simple food, the items shall be subject to consultation between the labor and management, and the members who have been extended for more than three hours shall be provided with a stone, and the meal cost shall be increased if there is a concern that the quality of meal may be lowered due to price increase, and the detailed matters shall be subject to consultation between the labor and management (section VI of the collective agreement and Article 80(1) through (5) of the Education and Training

The defendant company will provide a general formula equivalent to KRW 1,300 and a special formula equivalent to KRW 2,300, and a simple formula equivalent to KRW 450 (the relevant part of Article 80 of the collective agreement among the minutes).

(2) Payment status

Under the above provision, the Defendant Company provided the above-mentioned heavy food, including two special types of food, from a Saturday to a Saturday, and if a person takes care of his/her work, any person can provide meals, and did not pay to workers who did not work at work or workers who did not work at work an amount equivalent to meal expenses.

(c) Provisions on private pension subsidies and the actual status of payment thereof;

On October 7, 1996, the Defendant Company entered into a labor-management agreement with the labor union to pay 10,000 won monthly personal pension until retirement (the part related to Article 72 of the collective agreement among the minutes of the collective agreement in 1996), and paid 10,000 won each month to all workers from that time. After that, the Defendant Company decided to increase the personal pension subsidy to 15,000 won under the labor-management agreement on October 30, 1998 (the part related to Article 102 of the collective agreement in 1998), and paid 15,000 won each month to all workers from November 1998.

(d) Provisions and the actual status of payment concerning bonuses;

(1) Except as otherwise expressly provided for in a non-eligible or a restriction on payment, bonuses shall be paid to all employees (Article 28(1) of the Benefit Regulations), and on the basis of the aggregate amount of basic salary, continuous service allowances, welfare allowances (regional allowances), production encouragement allowances, family allowances, field allowances, and field allowances paid every month, 100% of the above amount shall be paid in February, April, June, June, June, August, August, August, and October, and 200% of the above amount shall be paid in December, and 12, 200% of the above amount shall be paid in the last day of the corresponding month (Article 70 of the Collective Convention).

(2) Under the above payment criteria, the Defendant Company paid each bonus, such as the bonus column in the annexed retirement allowance calculation table, to the Plaintiffs according to the above payment criteria, and calculated retirement allowances by including the bonus in the average wage when calculating the Plaintiffs’ retirement allowances.

(e) Provisions and the actual status of payment of annual monthly allowances;

(1) The collective agreement of the defendant company grants monthly paid leave on the first day of each month to the members who opened a monthly labor day (Article 59(1) of the Organization Convention), 10 days when they opened the prescribed number of working days for each year based on the membership date of the members, 90 days when they worked for 1 year, 8 days when they worked for 90 days or more (Article 2) and 1 year for each member who has worked for 2 years or more (Article 3). The annual paid leave may be granted by adding one day to one year of paid leave under the preceding paragraph for each year exceeding 1 year (Article 3). The annual paid leave may be used by one year at the request of the person himself/herself (Article 5(5)), and the unpaid monthly paid leave shall be paid by converting 100% of ordinary wages into 7 days before the following year’s annual paid leave. However, with respect to the retired person, it shall be paid (Article 6(6)) in a lump sum at the time of retirement.

(2) Accordingly, the Defendant Company paid monthly allowance, such as the entry of each retirement allowance calculation table, in accordance with the above provisions, and calculated the annual monthly allowance in the calculation of the Plaintiffs’ retirement allowance by including it in the average wage.

(f) Provisions and the actual status of payment of the expenses for snow, stone, staying home, and futures;

The Defendant Company: (a) operated a transit bus for the retirement and retirement of its members (Article 76(1) of the Organization Convention; (b) provided a labor-management agreement to pay KRW 150,000 for staying home and KRW 20,000 for each New Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’s Year’

(g) Provisions pertaining to the monthly leave allowance and the actual status of payment; and

The Defendant Company: (a) granted a monthly paid leave for five days to promote the health of its members and boost their morale (Article 58 among the labor conditions in Chapter IV of the Organization Convention); (b) paid 250,000 won of the paid leave (Article 58 of the collective agreement in the minutes of the meeting); and (c) paid 250,000 won of the paid leave before July 15 (Article 58 of the collective agreement in the minutes of the meeting); and (d) paid 250,000 won of the average wage when calculating the average wage (Article 65 of the collective agreement in the minutes of the meeting); and (c) paid 250,000 won once a year to all the employees including the paid leave who died on duty, once a year; and (d) under the above labor-management agreement, it already reflected it in the average wage (Article 250,00 ±20,2830,830,000 won and less than the average wage of the Plaintiffs).

(h) Provisions concerning the cost of welfare supplies and the actual status of their payment;

Defendant Company paid KRW 200,000 each year with the cost of welfare supplies, and paid in kind during the first half of the year and the second half of the year (the items of welfare supplies in the minutes, but the provisions of Chapter VI of the collective agreement are stipulated in the head of the welfare, education, and training). Accordingly, the labor-management agreement was concluded to have workers choose the necessary daily necessities, and if the selected goods exceed KRW 100,000,000, the amount of the excess amount was deducted from the wage.

(i) Regulations on business performance deposits and the payment status thereof;

(1) Payment Rules

Since the Defendant Company decided to pay 140% of ordinary wages to the labor union members at the end of 1992, it shall be paid 150% of bonuses at the end of 193, 100% of bonuses at the end of 194, 50% of bonuses at the end of 1995, 150% of bonuses at the end of 1995, 200% of ordinary wages at the end of 196, 20% of bonuses at the end of 198, 20% of bonuses at the end of 190, 20% of annual bonuses at the end of 190, 200, 200, 30% of annual bonuses at the end of 20, 30% of annual bonuses at the end of 190, 30% of annual bonuses at the end of 190, 30% of annual bonuses at the end of 198, 30% of annual bonuses at the end of 190.

(2) Payment status

Accordingly, since 192, the defendant company paid to all the workers a performance bonus calculated on the basis as provided in each of the above collective agreements, and the payment of such performance bonus contributed to the prevention of labor disputes at the workplace of the defendant company. Meanwhile, from July 24, 1996 to September 11, 1996, the defendant company paid a full amount of performance bonus as provided in the wage agreement at the end of the same year, even if there was a full strike for eight days and a partial strike for ten days during the process of wage negotiations between labor and management.

(j) Provisions concerning encouragement and encouragement encouragement funds, and the actual status of payment;

(1) Payment Rules

The defendant company shall pay 300,000 won to its members for special encouragement of labor-management (Article 5) in 192, the amount equivalent to 50% of bonuses in September 27, 1993 (Article 4); 500,000 won for industrial peace promotion (Article 5); 90% of the amount corresponding to 100,000 won for industrial peace promotion (Article 4); 90% of the amount corresponding to 100,000 won for industrial peace promotion (Article 5) in 195, the amount corresponding to 100,000 won for industrial promotion (Article 10,000,000 won) shall be paid to its members for 190,000 won for industrial encouragement; 10,000 won for 196,000 won for 19,000 won for new production promotion (Article 10,500,000 won for industrial promotion).

(2) Payment status

Thus, the defendant company paid to all workers the incentive amount for production in accordance with the wage agreement, except 198. Such incentive amount was an important role in early conclusion of wage negotiations without labor disputes. However, even though labor disputes occurred in the course of wage negotiations in 1996, the incentive amount for production was paid in full.

(k) The regulations governing the admission fee and the actual status of payment thereof;

The Defendant Company conducted a meeting to boost the morale and promote friendship of its members (Article 82(3) of the Organization Convention), and paid KRW 15,000 per employee to spring and A with the camping membership fees (Article 82(3) of the Organization Convention). In lieu of paying it to an employee, the Defendant Company paid it to each department and half of the group, instead of paying it to an employee.

(l) Provisions concerning clothes expenses and the actual status of payment;

The Defendant Company paid to its members the work clothes required for the work (Article 81 of the collective agreement) in accordance with the provision on the provision on the payment of work uniforms necessary for the work (Article 81 of the collective agreement). The payment standards are based on the separate work clothes and safety standards attached to the meeting minutes of the labor-management agreement, and the work clothes, friendships, shoes, etc. are to be additionally paid under the responsibility of the head of the department when additional payment is necessary (Article 81 of the collective agreement of the minutes). In lieu of paying a certain amount, the Defendant Company paid the work clothes, friendships, and shoes necessary for the work

(m) The retirement allowance regulations and payment status of the Defendant Company

(1) Payment Rules

A defendant company shall pay a 30-day average wage for one year of continuous service as a retirement allowance for the number of years of continuous service (Article 32 of the Regulations on Benefits, Article 72(1) of the collective agreement), and for a fraction of less than one year, the average wage in this context means the amount calculated by dividing the total amount of wages (including annual, monthly, monthly, and bonus) paid during the three months prior to the date when the cause for calculating the amount to be paid occurs by the total number of days during that period (Article 5 of the Regulations, Article 65(2) of the collective agreement, and Article 65 of the collective agreement), average wage calculation (Article 65 of the collective agreement in the minutes). However, the calculation of the number of consecutive months in which the principal wishes during six months prior to the date on which the cause for calculating the amount of average wage occurred (Article 72(1) of the collective agreement) and Article 72(2) of the collective agreement provides that the period of temporary retirement shall be calculated based on the number of months in continuous service, and that person is unable to calculate the amount of retirement.

(2) Payment status

In accordance with the above provisions, the Defendant Company calculated average wages including hourly wage (in the case of a monthly salary-grade employee, including the total amount of basic pay and overtime pay), fixed allowances (in the case of a monthly salary-grade employee, including family allowances), annual monthly allowance (in the case of an annual salary-rating allowance, the total amount of monthly salary shall be included), annual monthly allowance (in the case of an annual salary-rating allowance, 3/12 of the monthly salary paid within one year prior to his retirement shall be included in the average wage), bonus, and monthly paid leave allowance, and the average wage shall be calculated based on the premise that three months each of the three months have been made within six months from the date of his retirement (in the case of a retirement on May 21, 1994, the form-3, 4, and five months, the total amount and number of days of wages in the form-2, 3, and 4 months, the total amount and number of days of wages in C-1, 2, and the number of days of wages in D-12, 12, and 12 months).

4. Determination

A. Whether each of the money and valuables alleged by the plaintiffs constitutes the basis for calculating the average wage

(1) In relation to the heavy group, it is reasonable to see that the defendant company provided the heavy group of all the employees who work at work in kind, which is included in the average wage calculation, as it is reasonable to see that it is the wage included in the average wage calculation. General formula is 1,300 won, special formula is 2,300 won, and special formula is 2,300 won per week, and special formula is 36,935 won per week (the basic hours of work on Saturdays are 4 hours, so it is deemed that the heavy group is paid for 5 days per week). Thus, the average food group is 36,935 won (the average number of shares per month).

(2) In relation to the simple meeting, the Defendant Company provided the simple meeting equivalent to KRW 450 per time to the members who work for more than two hours under the collective agreement. However, there is no evidence to support that the Plaintiffs were provided with the simple meeting due to having worked for more than two hours during the period of calculation of retirement allowances. Therefore, the Plaintiffs’ assertion on this part is groundless.

(3) In light of the personal pension subsidy, family allowance, monthly leave allowance, year-to-day leave allowance, and expenses for staying home and other welfare goods, each of the above money and valuables is subject to the obligation to pay to the Defendant Company under the collective agreement, and has been uniformly paid to the former employee or the employee meeting certain requirements, and thus, such money and valuables constitute wages in consideration of labor.

(4) In relation to business performance and production encouragement encouragement, the defendant company asserted that the amount of business performance and production encouragement encouragement is not included in wages because it is an indefinite amount that is not mutually paid to workers on the condition of preventing labor disputes or prompt conclusion of wage negotiations. However, as seen earlier, any condition is not added at the time of the first payment of business performance and production encouragement encouragement encouragement. From 1995 to the time of the first payment of business performance and production encouragement encouragement, the conditions were entered in the wage agreement. Since 196, the 196-years, the 196s, where business performance and production encouragement encouragement encouragement was actually conducted on several occasions, and the 1996s, the 196-years, where the 1996s, the 196-years, where the 1996s, the 196-years, where the 196-days, the 196-years, where the 196-days, the 196-years, and the 196-years, etc.

(5) In relation to the night fee and the clothes fee, the night fee is actually the cost of the night meeting, and the clothes fee is the spot allowance that provides workers with the necessary work uniforms whenever they work, and thus, it should be excluded from the wages, which is the amount of money of the nature of compensation for actual expenses.

(b) Whether it is included in the total amount of wages on the basis of which average wages are calculated in a collective agreement;

Furthermore, considering that mid-term meals, personal pension subsidies, premium for staying home and gift expenses, welfare supplies, business performance incentives, and incentives for encouragement of production (hereinafter “money and valuables in this case”) are included in the total wage which is the basis for calculating the average wage under the collective agreement, the defendant company and the labor union do not agree on the items of money and valuables included in the average wage in the collective agreement to prevent unnecessary dispute between the labor and management at the time of the collective agreement, in light of the fact that the defendant company and the labor union have no provision of the collective agreement on promotion of employment performance, labor-management performance incentives, production incentives or certain amount of wages under the collective agreement (the same shall apply as mentioned above), Gap evidence 67, Eul evidence 74, and witness testimony of the first instance court, and the intention of oral argument for each of the testimony of the parties concerned, the defendant company and the labor union have no provision on promotion of employment performance, labor-management performance bonuses, and the fact that the labor-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-based calculation method.

However, in light of the nature of the agreement between the labor and management to exclude the wages to be included in the average wage under the Labor Standards Act from the average wage under Article 22(1) of the same Act is null and void as a contract stipulating the working conditions that do not meet the standard under the same Act. Thus, the defendant company is obligated to pay the difference between the legitimate retirement allowance calculated by including the money and other valuables in the average wage and the retirement allowance already received by the plaintiffs to the retired worker. However, as Article 34 of the same Act provides the minimum limit of the retirement allowance to the retired worker, there was a separate agreement between the labor and management on the basis of the calculation of the retirement allowance that can be included in the average wage under the same Act in light of the nature of the wage, and if the amount of the retirement allowance calculated by the agreement exceeds the minimum limit under the same Act, it cannot be deemed null and void as it violates Article 34 of the same Act. As such, since the plaintiffs' retirement allowance is calculated in accordance with the separate calculation sheet as follows, it does not violate the plaintiffs's average wage under Article 34 of the same Act.

5. The calculation of legitimate retirement allowances.

A. The monthly regular salary paid was calculated on the basis of the pertinent amount when retired during the period of calculation of the salary. In the case of a City-based employee, the regular salary for the retirement month was calculated on the basis of the amount calculated on a daily basis with respect to the actual working hours excluding an hourly rate and an hourly rate, from the date of calculation of the salary for the retirement month (21 days) to the date before the retirement day.

B. Bonuses, New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’s New Year’

(c) Business performance incentives and production encouragement incentives are consideration for labor between one year and one year, which shall be paid, and thus, they were divided into three months and included in average wages.

However, as seen above, in the case of the plaintiffs' retirement in 198, which did not receive the encouragement encouragement encouragement encouragement amount, the encouragement encouragement encouragement amount was not included in the average wage.

D. A monthly allowance is calculated by multiplying the Plaintiffs, who acquired the right to monthly leave by the number of contractual working days during the period of one month, by 8 hours, which is one day’s ordinary wage for the month of retirement or the month of temporary retirement, for which the right to claim monthly leave has been determined as the poor market price of the monthly leave due to retirement or temporary retirement. This is based on the monthly allowance to be paid as a matter of course, regardless of the monthly allowance amount received from the Defendant Company within one year prior to his retirement, as it is confirmed whether the number of contractual working days during the period of one month has been improved, and as such, it was not included in the calculation of the monthly leave amount in the month of his retirement.

E. Although annual leave allowances were not used in the preceding year of the retirement year, and there was a claim for annual leave allowances for the said period, the annual leave allowances were not paid for the work of the year in which he retired with the consideration for the work for the one-year period in the preceding year of the retirement year. As such, among the plaintiffs who acquired annual leave rights by opening the number of contractual working days for one-year period from the date of his retirement, only if a part of one-year working days overlaps with the three-month period prior to his retirement date, the annual leave allowances corresponding to the overlapping part were included in the average wage, which serves as the basis for the calculation of the retirement allowances. Furthermore, regardless of the annual leave amount received from the Defendant company within one-year period prior to his retirement, it was confirmed whether the number of contractual working days for one-year period, which serves as the basis for the right to annual leave allowances, has been renewed, and it was naturally paid based on the date of his retirement, etc.

F. Under Article 2(1) of the Enforcement Decree of the Labor Standards Act (amended by Presidential Decree No. 17402 of Oct. 31, 2001), the wages paid during the period and the total amount of wages were deducted respectively from the period and the average wage calculated. However, if the period to be deducted from the average wage calculated exceeds three months, the average wage was calculated on the basis of the wages between three months immediately preceding the deduction period and the deduction period.

G. As to the continuous service period

The plaintiff 4, 8, 11, 15, 16, 18, and 20 alleged that the retirement pay should be calculated on the basis of the period of service calculated from the initial date of employment for the defendant company. Thus, considering the whole purport of the oral argument in the evidence Nos. 62, Eul No. 37, Eul No. 41-1, No. 44, 48, 49, 51, and 53, the plaintiff 4 was not calculated on July 3, 1975; the plaintiff 8; the plaintiff 1, et al. 2, 197; the plaintiff 2; the defendant 1, et al. al. 2, 197; the defendant 1, et al. al. 1, 197; the plaintiff 1, et al. al. al. 1, 197; the plaintiff 16 et al. al. 1, 1977.

However, in full view of the aforementioned purport of the argument, the above plaintiffs can be acknowledged as having agreed to receive retirement allowances by calculating the continuous service period from each initial date when they were re-entered after the retirement of the defendant company for the purpose of receiving interim retirement allowances from the defendant company until the initial date of each initial date, and there is no reflect on the fact that they agreed to receive retirement allowances if they were to retire later between the defendant company and the defendant company. Thus, in a case where they submitted a resignation, etc. to the employer according to their own needs or judgment and received the retirement allowances from the company, they cannot be viewed as having been inevitably or formally done according to the employer's unilateral business policy. Thus, the labor relations between the company and the employee concerned should be calculated as effective once again, even if they were to retire immediately after they were re-entered with the previous work experience of the company, and even if they were to retire immediately after they were re-employed with the previous work experience of the company, it is difficult to see that the above plaintiffs expressed their intent of interim retirement without any special guidance or proof (see Supreme Court Decision 95Da2932932, Sept. 6, 1999).

Therefore, the defendant company's calculation of the number of years of continuous service, which served as the basis for the calculation of the retirement allowances of the above plaintiffs, cannot be deemed unlawful since the calculation of the number of years of continuous service, which is the date of

In other words, the above plaintiffs asserted that the defendant company did not settle an interim retirement allowance and pay a retirement allowance equivalent to the difference as seen above, and thus the defendant company is obligated to pay the unpaid retirement allowance to the above plaintiffs. However, as long as it is apparent that the remaining plaintiffs except the plaintiffs 4 were retired after three years from the interim payment date of the retirement allowance to the expiration date of the extinctive prescription period of the wage claim, the above plaintiffs' additional retirement allowance claim against the above plaintiffs had already expired. Thus, the defendant company's defense pointing this out is justified, and the remaining plaintiffs' assertion except the plaintiff 4 is therefore without merit.

On the other hand, in full view of the whole purport of the argument as to the plaintiff 4, Eul's health class, Eul's evidence 37, it can be acknowledged that the plaintiff 4 received 3,054,473 won as a result of the calculation of the defendant's retirement allowance from the defendant company's employment on July 3, 197 to October 31, 1997, an interim retirement allowance (or interim retirement allowance settlement date), 42,039,362 won as an interim retirement allowance; 42,039,362 won as a result of the calculation of the defendant company's retirement allowance from November 1, 1997 to December 31, 198 (one year and two months); 3,054,473 won as a result of the calculation of the defendant company's retirement allowance from the defendant company's employment on December 31, 1997; 3,0638 won as a result of the calculation of the retirement allowance from the defendant company's employment on 4 to 282, 3062.

H. The detailed calculation statement of the unpaid retirement allowance according to the above calculation method is as shown in the annexed retirement allowance calculation sheet, and the unpaid retirement allowance as a result of each retirement allowance calculation is as listed in paragraph (d) (d) of the annexed amount of appropriation. However, if the unpaid retirement allowance exceeds the plaintiff's claim amount, the amount of the claim was accepted only

5. Conclusion

Therefore, the defendant's 1, 4, 7, 9, 10, 11, 12, 13, 18, 19, 20, and 21 of the plaintiff 1, 4, 7, 9, 10, 10, 12, 18, 20, and 21 of the attached table d. of the above quoted amount as the plaintiffs 1, 1, 4, 7, 9, 10, 12, 18, 19, 20, and 21 of the above quoted amount as the plaintiffs 1, 1, 2, 3, 1, 5, 1, 1, 3, 5, 5, 1, 6, 1, 6, 1, 3, 1, 6, 1, 3, 1, 6, 1, 1, 5, 1, 6, 1, 1, 6, 1, 3 of the plaintiff 1.

Judge Kim Jong-soo (Presiding Judge)