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1. The Defendant: KRW 19,164,579 for the Plaintiff and KRW 5% per annum from March 14, 2014 to May 13, 2014; and
Reasons
1. Basic facts
A. The Defendant is a company with the objective of bus passenger transport business. On March 9, 1997, the Plaintiff joined the Defendant and served as an employee in the driving service until his/her retirement on October 14, 2010 (hereinafter “instant primary retirement”). From October 18, 2010, the Plaintiff re-entered the Defendant and one-year non-regular worker into the Defendant and entered the employment contract each year from October 18, 2013 to the final retirement (hereinafter “instant secondary retirement”).
B. 1) A collective agreement concluded with a trade union on January 7, 2008 (hereinafter “instant collective agreement”) that the Defendant entered into with a trade union and entered into force on February 1, 2007 (hereinafter “instant collective agreement”).
With respect to the payment of wages and retirement allowances to workers, Article 41 (Payment of Wages System) provides that:
4. 1) A company shall pay 50% of the daily amount of overtime allowances to workers exceeding 20 days a month in addition to the daily amount specified in the wage agreement. Article 44 (Retirement Allowances) The company shall pay the retired employees for 30 days’ ordinary wages as retirement allowances for one year. The company shall pay 25 days’ ordinary wages to retirement allowances. The company shall pay 25 days’ ordinary wages to those who have served 5 years’ ordinary wages, and the company shall pay 5 days’ ordinary wages every year to those who have served 5 years’ ordinary wages. 2) The Defendant entered into a trade union with the labor union on July 6, 201 and enter into force on July 1, 201 (hereinafter “instant collective agreement”) provides for the following collective agreements in relation to the payment of workers’ wages and retirement allowances:
Article 41 (Payment System of Wages)
4. Holiday allowance 1) A company shall pay 50% of the daily wage as overtime allowance, in addition to the daily wage specified in the wage agreement, only to the workers who are more than 20 days a month. A company under Article 44 (Retirement Allowance) shall pay to the retired employee an amount equivalent to 30 days of average wage under Article 8 of the Act on Guarantee of Workers' Retirement Benefits as a retirement allowance for one year. Article 81 (Mandatory Retirement Allowance) shall be paid to the retired employee.