Plaintiff 1 and 21 others (Law Firm Love, Attorneys Joseon-hwan et al., Counsel for the plaintiff-appellant)

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

January 18, 2002

1. The defendant shall pay 5% per annum to the plaintiffs 1, 4, 6, 7, 9, 11, 12, 19, and 20 with respect to each of the above amounts and each of the above amounts in attached Form c., with respect to each of the above amounts, 5% per annum from each of the dates mentioned in attached Table d. to February 8, 2002, and 25% per annum from the next day to the date of full payment.

2. The remaining claims of Plaintiffs 1, 4, 6, 7, 9, 11, 12, 19, and 20 and the remaining claims of Plaintiffs are dismissed, respectively.

3. Of the costs of lawsuit, the portion arising between Plaintiffs 1, 4, 6, 7, 9, 11, 12, 19, and 20 and the Defendant is eight minutes, and the same Plaintiffs, the remainder shall be borne by the Defendant, and the remainder between the Plaintiffs and the Defendant shall be borne by the remaining Plaintiffs.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 5% per annum for each of the above amounts and 25% per annum for each of the above amounts in the sum column of the attached Form No. b. of the award amount sheet and each of the above amounts from the date of each of the above items No. d. d. to the date of this sentencing, and from the next day to the date of full payment.

1. Basic facts

The following facts are either in dispute between the parties, or evidence Nos. 21 through 40 (including each number, and evidence Nos. 34 through 53; hereinafter the same shall apply), evidence Nos. 60, evidence Nos. 61, evidence Nos. 61-1, 62-1 through 4, 63, evidence Nos. 64-1, 64-2, 65-1 through 4, 66, evidence Nos. 67-1, 67-2, and each of the statements No. 2.

A. The Defendant Company is a company established for the purpose of repairing and remodelling various ships. The Plaintiffs were employed by the Defendant Company on each date listed in the attached Table c, and worked by the division listed in the same attached Table d. B until they retire on each date stated in the attached Table c. The employees of the Defendant Company are classified as monthly salary-grade members (class 4), and Si salary-grade members (class 7, 6, and 5) in accordance with the method of wage calculation, and Plaintiff 1, 4, 11, 18, and 20 among the Plaintiffs were classified as monthly salary-grade members, and the Plaintiffs were paid the same amount as retirement allowances from the Defendant Company.

B. Matters concerning the conditions of labor prescribed in the collective agreement, other than the employees of the head of department or higher, shall be equally applied to all employees of the Defendant Company, who are non-members and lower than the number of employees.

C. From May 21, 1997, Plaintiff 5 retired from office on December 31, 1998 (the period of suspension for medical treatment of injury or disease caused by the performance of duties). Plaintiff 9 retired on February 13, 1999. Plaintiff 15 retired from office on November 26, 1994 to October 16, 1997 during the period of suspension of work (the period of suspension for medical treatment of injury or disease caused by the performance of duties) from the 17th of the same month. Plaintiff 18 retired from office on November 18, 198 of the same year.

2. Determination on claims for unpaid allowances

A. The plaintiffs' assertion

The plaintiffs, when the defendant company calculates overtime work allowances, etc., include only basic pay and continuous service allowances, position allowances, family allowances, production encouragement allowances, welfare allowances, etc. in the calculation of ordinary wages, and exclude them from efficiency allowances, overtime allowances, technical allowances, food allowances, and personal pension subsidies, etc. In addition, the reasonable overtime work allowances under the Labor Standards Act are calculated by dividing the ordinary wages by 182.49 hours, which are 182.49 hours (which are 42 hours per week multiplied by the average monthly number of hours per week) as prescribed in the collective agreement, and then by multiplying the actual hours of work exceeding the above hourly ordinary wages by the premium rate. Thus, the defendant company has the obligation to pay the difference from the statutory allowances calculated from September 1996 ( October 1, 1997) to the plaintiffs on which the extinctive prescription of wage claims has not been completed.

In this regard, the Defendant Company did not provide the Plaintiffs with a heavy food, and the individual pension subsidy should be excluded from the calculation of ordinary wages because it is merely money and valuables with a welfare nature. (2) Even if some of the items claimed by the Plaintiffs by the household affairs constitute ordinary wages under the Labor Standards Act by nature, the Defendant Company agreed to include the family allowances and continuous service allowances not included in ordinary wages in the labor union and nature of the Defendant Company, thereby holding the lower limit of the Labor Standards Act, and thus, the Plaintiffs’ assertion is unreasonable.

(b) Fact of recognition;

The following facts may be acknowledged in full view of the statements in Gap evidence 1 through 20 (including each number), evidence 41 through 55 (including each number), evidence 61 (the same as evidence 13), evidence 1, evidence 2-1 through 3, evidence 3 through 6, evidence 1, 2, 55, evidence 56-1 through 7, evidence 57-1 through 6, 58, evidence 66, evidence 67-1, evidence 1, 2, and 74-1, witness 1, and non-party 2's testimony, and the whole purport of the pleadings can be acknowledged, and there is no counter-proof evidence.

(1) The payment of wages to the defendant company

(A) The collective agreement in 196 and the labor-management agreement minutes in 1998

Wages refer to all kinds of money and valuables, regardless of their names, paid by the defendant company to its members in the name of wages, salary and any other kind of money and valuables. Ordinary wages refer to the basic salary and allowances determined to be paid to the workers regularly and uniformly for a fixed amount of labor, and there are welfare allowances (regional), continuous service allowances, family allowances, production encouragement allowances, field allowances (in-house and outside business, field allowances), technical allowances, job positions allowances, and tank allowances (Article 65).

(B) Rules of Employment (amended on October 4, 1994) and wage regulations (amended on April 12, 1996)

Except as otherwise provided for in these Rules, benefits shall be subject to the provisions of the salary rules (Article 65 of the Rules of Employment); allowances consisting of basic pay, allowances, bonuses, retirement allowances, and other allowances shall be paid separately in cases where the company deems it reasonable to pay them in addition to basic pay due to special duties, working conditions, qualifications, etc.; allowances paid under a collective agreement or Acts and subordinate statutes shall be paid in proportion to the amount determined thereby (Article 3 of the Regulations of Benefits); legal allowances shall be comprised of statutory allowances and voluntary allowances; legal allowances shall be governed by the collective agreement and Acts and subordinate statutes; allowances shall be paid in cases where the company performs overtime duties in excess of statutory working hours or works on holidays or at night; allowances may be paid when the company determines otherwise when the company takes charge of special duties; allowances may be paid in the relevant duties after acquiring qualifications otherwise determined by the personnel committee; voluntary allowances shall be paid; allowances for continuous service, local/welfare allowances, family allowances, site allowances, work-related allowances, production encouragement allowances; allowances for collection at issue; allowances for collection at bar; allowances for removal of seals; allowances for sign, computer, working allowances; allowances for maintenance, working hours;

The ordinary wage means a monthly or daily wage that is to be paid periodically or in lump sum for the prescribed working hours, and a monthly ordinary wage in calculating an hourly ordinary wage as an hourly rate, the prescribed working hours per month shall be 240 hours (Article 4).

(2) Provisions pertaining to working hours and paid holidays;

(A) The collective agreement in 196 and the labor-management agreement minutes in 1998

Basic labor hours shall be 8 hours a day excluding meal hours, and Saturdays shall be 42 hours a week working on a Saturday, which shall be 48 hours a week, and wages shall be calculated and paid 48 hours a week, and the prescribed working hours shall be recognized as overtime work hours in excess of the basic working hours a week (Article 50). The prescribed working hours shall be current (Article 50). The day of week, New Year’s Day, New Year’s Day, New Year’s Day, Legal Year’s Day, 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 Day, New Year’s Day, New Year’s Year’s Year’s Year’s Day, New Year’s Day, and New Year’s Day’s Year’s Day, Other days designated as temporary holidays by the government, and paid holidays determined by mutual consent between labor and management.

(b) Rules of employment;

Work hours shall be based on 8 hours a day and 44 hours a week except for meal hours, and the basic work hours on Saturdays shall be four hours a week (Article 25), and on Sundays, the paid day shall be for those who have worked during the preceding week (Article 33), and paid holidays shall be granted separately as prescribed (Article 34).

(3) The wage payment status of the Defendant Company

(A) Payment of allowances, etc.

The defendant company paid the monthly salary class members each month the welfare (regional) allowance, continuous service allowance, position allowance, technical allowance, external work allowance, family allowance, production encouragement allowance, efficiency allowance, etc. (hereinafter referred to as the "regular allowances") to the plaintiffs. The amount of continuous service allowance shall be differentiated according to the number of years of continuous service for workers for not less than one year, and family allowances shall be paid to 15,000 if a legally registered spouse has no income, and 10,000 won per capita if there is an unmarried child as a member of the same household, and 25,000 won in case of internal work, and 10,000 won in case of external work. The technical allowances were paid to workers who have passed various qualification examinations conducted by the defendant company, and all of them were treated as ordinary wages.

On the other hand, the defendant company provided food free of charge to workers who work at work, and the unit cost of food was 1,300 won for general food, and 2,300 won for special food, and it did not pay an amount equivalent to the meal cost to workers who did not work at work, or workers who did not work at work.

On October 7, 1996, the Defendant Company paid 10,000 won per month to all workers by the labor-management agreement with the labor union of the Defendant Company and the labor-management agreement until their retirement. Since October 1996, the Defendant Company paid 10,000 won per month for the items of other monthly allowances from October 1996. From November 1, 1998, the Defendant Company paid 5,000 won per month.

(B) In the case of a Si-level employee with the period from 21st to 20th of the following month as the wage calculation period, the Defendant Company determined the basic hourly wage by adding the rate of increase determined by the collective bargaining between labor and management each year to the Si-level agreed upon at the time of employment as the wage calculation period, and determined that the sum of the amount calculated by applying the rate of increase determined each year through the collective bargaining between labor and management at the time of employment (Ⅰ) is the hourly wage, and the amount calculated by applying the said rate to the hours of day-to-day hours, day-to-day hours, day-to-day, Saturday, Saturday, business trip, education, training, and paid statutory allowances as the hourly wage rate. In the case of a monthly-level employee, the Defendant Company paid the 28th day of the following month wage payment by adding the sum of the basic wage, fixed allowances, and overtime allowances to the wage calculation period from the first day of each month to the

In calculating the hourly ordinary wage, the Defendant Company calculated the monthly fixed working hours as “basic pay + 240 of fixed allowances + 240 of fixed allowances,” and “basic pay + 240 of fixed allowances”)/240 of fixed allowances in the case of a monthly fixed allowance employee.”

C. Determination

(1) Allowances to be included in ordinary wages

(A) Due to its nature, allowances to be included in ordinary wages under the Labor Standards Act

Foreign business allowance and technical allowance have been paid a certain amount each month, and personal pension allowance cannot be deemed to be subsidized by the defendant at a mutually advantageous level, and the wage paid periodically and fixedly for all workers is included in ordinary wage.

On the other hand, it is difficult to find whether efficiency allowances are paid to the plaintiffs, and in the case of heavy food provided in kind, if there is no money or goods equivalent to meal expenses for workers who do not provide meals, the amount equivalent to the above meal expenses shall not be considered to have been paid uniformly, and therefore, it shall not constitute ordinary wages.

(B) In calculating ordinary wages, the defendant company and the defendant company's labor union have agreed in detail on the items of money and valuables included in ordinary wages to prevent unnecessary dispute between labor and management in light of the records in Eul evidence No. 74 and witness testimony of non-party 2 as to whether the personal pension subsidy will be additionally included in ordinary wages. The defendant company and the defendant company's labor union agreed to pay 10,000 won to the whole workers at the meeting of the labor-management agreement in October 7, 1996, while the labor-management agreement agreed to pay 10,000 won to the whole workers at the meeting of the labor-management agreement in relation to the definition of wages under Article 65 of the collective agreement, the welfare (regional), continuous service allowances, family allowances, production promotion allowances, technology allowances, duty allowances, tank allowances, and the above fact that the above personal pension subsidy is not included in ordinary wages under Article 65 of the above collective agreement.

On the other hand, family allowances are paid regardless of the quality and quantity of labor, and thus they are not included in the ordinary wages under the Labor Standards Act. As seen earlier, the defendant company is included in the scope of ordinary wages. A labor contract that stipulates working conditions that fall short of the working conditions under the Labor Standards Act shall be null and void only in that part. However, if the defendant company included family allowances excluded from the ordinary wages in calculating the ordinary wages, if the amount of the ordinary wages exceeds it, it cannot be said that the defendant company's ordinary wages are erroneous in the provisions concerning the ordinary wages. The plaintiffs received the amount of family allowances that meet the individual pension subsidies, and therefore, the calculation of the defendant company's ordinary wages is justified.

(2) Monthly contractual hours

According to the above facts, the defendant company is paid 8 hours per week for 8 hours per month. When the defendant company pays the wages to workers at monthly salary, the monthly salary includes the wages for paid holidays as stipulated in the Labor Standards Act. The above paid holiday wages are paid only to the workers who opened the prescribed working days, and do not constitute ordinary wages because they cannot be considered as a fixed wage paid periodically and uniformly. Thus, among the plaintiffs, the amount of wages for paid holidays should be deducted from the monthly salary calculated the ordinary wages of the monthly salary and the fixed allowances, which include the basic salary paid each month in calculation of the ordinary wages of the monthly salary members and the items corresponding to ordinary wages. If the part of the fixed allowances, etc. that included the part of the wage for paid holidays as stipulated in the Labor Standards Act in the monthly salary with the basic wage, it is reasonable to view that the fixed allowances, etc. are included in the part of the wage for paid holidays as stipulated in the Labor Standards Act. Thus, even in calculating the ordinary wages of the part of the plaintiffs.

In addition, in full view of the statement in Eul evidence No. 7 and the purport of the argument in the testimony of non-party 2, the defendant company set the monthly working hours as 240 hours from 1975 to 240 hours. The defendant company agreed to reduce the working hours from 44 hours a week to 42 hours a week at the time of collective bargaining in 1996 and agreed to take follow-up measures, and Article 50 (2) of the labor-management agreement minutes provides that "the minor working hours shall be the current working hours." The current "current" means that the paid working hours shall be 240 hours a reduced working hours as before, and the reduced working hours shall be compensated for less than the reduced working hours, but there is no wage loss. Accordingly, the defendant company's calculation of the monthly basic wage x 240 hours a week wage x 40 hours a week working hours a week, and the fact that the labor union can reduce the weekly working hours to 40 hours a day-time allowance by excluding the above fixed working hours."

Meanwhile, according to Article 6 (2) 4 of the Enforcement Decree of the Labor Standards Act, if the amount of monthly ordinary wages is calculated as hourly ordinary wages, it means the amount calculated by dividing that amount by the standard number of hours for monthly ordinary wages calculation (which means 12 hours calculated by multiplying the standard number of hours for calculation of weekly ordinary wages by the average number of hours for one year). According to Article 49 and Article 67 main sentence of the Labor Standards Act or Article 46 of the Industrial Safety and Health Act, the standard number of hours for calculation of weekly ordinary wages refers to the total number of hours calculated by adding the working hours and paid hours other than those determined by workers and employers within the scope of working hours under Article 49 and Article 6 of the Labor Standards Act, so wages are 42 hours a day under a collective agreement, but wages are calculated as 56 hours a week, but the standard number of weekly ordinary wages calculation hours paid by the Plaintiffs for 48 hours a week is 58 hours a week (=42 + 8.6 hours a week divided by 12 hours).

C. Sub-decision

Therefore, in calculating the hourly ordinary wage of the plaintiffs, the inclusion of family allowances not included in the ordinary wage by nature in the calculation of the plaintiffs' hourly ordinary wage does not accord to the plaintiffs, and at the same time, the calculation of monthly ordinary wage by 240 hours is less than 243.33 hours recognized above, and it is valid as it is because it is less favorable to the plaintiffs. Therefore, the plaintiffs' claim for the allowance of this case under the premise that the calculation of the hourly ordinary wage of the defendant company is invalid because it is not unfavorable to the plaintiffs, is without merit.

3. Determination on claims for unpaid retirement allowances

A. The assertion

The plaintiffs asserted that, in calculating and paying retirement allowances to the plaintiffs, the amount of the average wage of the defendant company is low by arbitrarily excluding food, pension, family allowance, family allowance, expenses for staying home and gifts, low-scale leave expenses, welfare supplies expenses, incentives, incentives for production encouragement, camping fees, clothes expenses, etc. which should be the basis of the calculation and payment of the retirement allowances to the plaintiffs and be included in the average wage, and thus, the difference between the amount of the retirement allowances already received from the retirement allowances properly calculated is claimed.

In this regard, the defendant company asserts that the above money and valuables should be included in the calculation of the average wage is not paid by the defendant company for the work, but rather provided for welfare or one-time at the welfare level, and even if such money and valuables are included in the wage which is the basis of the calculation of the retirement allowance, the defendant company has agreed in advance with the defendant trade union regarding the "total wage between three months" which is the basis of the calculation of the retirement allowance. In particular, in calculating the average wage, the defendant company paid the retirement allowance which is favorable to the plaintiffs in terms of the calculation period of the average wage by choosing three consecutive months before the date of occurrence of the cause for calculation of the retirement allowance, which is the basis of the calculation of the average wage, and thus, it cannot be deemed null and void since the defendant company excluded the above money and valuables claimed by the plaintiffs from the scope of the wage which is the basis of

(b) Fact of recognition;

The following facts can be acknowledged in full view of the evidence as mentioned above, evidence Nos. 56 through 58 (as stated above, evidence Nos. 77-7 through 9) 59, evidence Nos. 60 (as mentioned above, evidence No. 12), and evidence Nos. 77-1 through 6, and there is no counter-proof.

(1) Provisions on retirement allowances of the defendant company

(A) The minutes of the collective agreement and labor-management agreement

A member who has retired (including dismissal) or died for one year or longer shall be paid for the portion of his/her average wage for 30 days for each year of his/her continuous service and shall be paid for a fraction less than one year, and if his/her average wage is lower than his/her ordinary wage, he/she shall be the ordinary wage, and if he/she retires because he/she has not been reinstated due to an injury or disease other than his/her duties, the average wage shall be calculated on the basis of the date he/she submitted his/her leave of absence, and the period of temporary retirement shall be included in the number of years of continuous service (Article 72). The average wage means the amount calculated by dividing the total amount of wages (including annual, monthly and bonus) paid between the three months immediately before the date on which the cause for calculation occurred by the total number of days of the relevant period, including

Bonuses shall be paid at the end of the relevant month by dividing the total amount of basic salary, continuous service allowance, welfare (regional), production encouragement allowance, family allowances, and field allowances by 700% per annum into 100% per annum in February, April, June, June, August, October, and October, and 200% on the last day of the relevant month (Article 70).

(b) Benefit provisions;

For one year of the continuous service of workers, the average wage of 30 days shall be paid as retirement allowance (Article 32). The salary means the amount calculated by dividing the basic salary, allowances, bonuses, retirement allowances, and other allowances (Article 3); and the average wage means the total wage for the three months prior to the date when the cause for calculation occurs, by the total number of days in that period (Article 5). Except as otherwise expressly provided for in a non-eligible or a restriction on payment, the payment period shall apply to all workers; the payment period shall be deemed the period of service when calculating the bonus, and the bonus for the retired worker shall be paid on a daily basis (Article 28) for the portion of service

(2) Business performance; and

From the end of 192 to the end of 1999, the Defendant Company paid 140% of ordinary wages as piece rates in 1992 to the end of each year; 150% of ordinary wages in 193 to the end of each year; 100% of business performance rates in 1994 to the end of each year; 150% of performance rates in 1995 to the end of each year; and 190% of performance-based bonus in 1995 to the members at the end of each year. The Defendant Company paid 200% of performance-based bonus (ordinary wage payment standards) to the members at the end of January 1996; 20% of the total amount of performance-based bonus in 197 to the members at the end of each year; 190% of the total amount of performance-based bonus in 198 to the members at the end of each year; 20% of the total amount of performance-based bonus in 1997 to the end of each year.

(3) (Encouragement of Production) Encouragements;

The Defendant Company entered into an annual wage agreement from 1992 to 1997 and paid the following provisions on payment of money under the following name in the wage agreement. 300,000 won in 192, the amount of special encouragement for labor-management harmony, 50% in 1993, 50,000 won in the bonus payment due to the achievement of the goal for improvement of productivity, 50,000 won in the year 194, 100% in the bonus payment standards due to industrial peace promotion, 195 in the year 196, 100% in the ordinary wage (50,000 won immediately after the conclusion) and 100% in the ordinary wage for the enhancement of competitiveness and the advancement of labor-management relations, and 100,000 won in the new shipbuilding factory project plan under V-200, 1997, was not paid from the foreign exchange crisis of 1098 in the year 198.

(4) The actual payment of money, valuables, etc.

The Defendant Company paid the Plaintiffs a premium of KRW 150,000 for each of the 150,000 won and the 20,000 won for each of them. The Defendant Company paid the amount of KRW 200,000 for the first half and second half of the year, in kind, provided work uniforms necessary for the work, and paid KRW 15,000 for each of the departments and groups at the first and second half of the night, and paid KRW 15,00 for each of them. Meanwhile, the Defendant Company paid KRW 250,000 for each of the five days’ paid leave. The grounds for payment of money and valuables are stipulated in the collective agreement and the labor-management agreement, Chapter 6 and the labor-management agreement’s welfare and education and training, and Chapter 4.

(5) Calculation of retirement pay of Defendant Company

The Defendant Company calculated retirement allowances in the average wage by selecting that the average wage is the highest of the average wage in the form of four months (for retirement on May 21, 1994, the type A - the average of three, four, five months, the average of two, three, and four months, the average in the form of two, three, and four months, the type C - 1, two, and three months, the average in the form of one, two, and three months - D - the average in the form of one, two, and two months, the type of 12,12, one, and two months), and the annual and monthly allowance is included in the average wage. The annual and monthly allowance is included in the amount of 4/12 of the annual and monthly allowance received within one year prior to the retirement.

C. Determination

(1) Whether it constitutes the total amount of wages on which average wages are calculated under the Labor Standards Act

The Defendant Company provided in kind to all employees who work at work in kind, so it is reasonable to see that it is included in the calculation of average wages. General formula is KRW 1,300, special formula is KRW 2,300, and special formula is KRW 2,300 per week and two times per week (the basic working hours of Saturdays are four hours, and thus, a five-day heavy formula is deemed to be paid per week). The monthly heavy food is KRW 36,935 ( = (1,300 + 2,300) ¡¿ 5 days x 365/ (7 x 12), and less than won; hereinafter the same shall apply).

Personal pension subsidies and family allowances, low-school leave allowances, snow, memorial allowances and gifts and welfare supplies are deleted from the obligation to pay to the defendant company under the collective agreement, and have been uniformly paid to all workers or workers who meet certain requirements. Therefore, this is deemed to constitute wages in consideration of labor.

The bonus has the nature of wage paid as compensation for work since the obligation to pay to the defendant company has been cancelled at the end of each year as it is continuously and regularly paid and the amount has been confirmed at the end of each year in accordance with the wage agreement. The bonus also has the nature of wage paid as compensation for work, taking into account only formal matters such as the payment provision or name, and it cannot be deemed that the occurrence of the cause for payment is indefinite and temporary payment, or that it is a formal and mutually advantageous payment, and the above incentive has the nature of wage paid as compensation for work when considering the whole amount and substance of the consideration.

On the other hand, it should be excluded from wages, because it has the nature of compensating for actual expenses.

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

Furthermore, it is examined whether the mid-term, personal pension subsidy, and gift expenses, the expenses for staying home and gifts, welfare supplies, incentives, and incentives (hereinafter “the money and valuables in this case”) are included in the total amount of wages, which are the basis for calculating the average wage under the collective agreement (family allowance and the summer leave expenses are already included in the average wage).

In light of the facts stated in the evidence No. 74 and the purport of oral argument in the testimony of non-party 2 of the witness, the defendant company and the defendant company's trade union agreed on items of money and valuables included in the average wage without suffering from the nature of allowances, etc. in order to prevent unnecessary dispute between the labor and management when the collective agreement is concluded, it can be acknowledged that the defendant company has operated a retirement allowance system that guarantees a certain rate or a certain amount of bonus as fixed wage each year without the agreement, but there is no counter-proof that only reflects the bonus of 700% without the agreement. In light of the above, the defendant company's salary rules are different from the average wage under the Labor Standards Act; the basic salary, allowance, bonus, allowance, gift and gift; the wage payment and retirement allowance; the wage payment and the wage payment of the defendant company's labor-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-management-based calculation-based agreement.

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 is null and void as a contract stipulating the working conditions that do not meet the standard under Article 22(1) of the same Act. Thus, the defendant company is obligated to pay the difference between the reasonable retirement allowance calculated by including the money and other valuables, etc. in the average wage and the retirement allowance already received by the plaintiffs to the retired worker. However, Article 34 of the same Act on retirement allowance provides the minimum limits of the retirement allowance to be paid by the employer to the retired worker. Since there was a separate agreement between the labor and management that excludes the amount of the retirement allowance calculated by the agreement from the average wage under the same Act on the basis of the nature of the wage, it cannot be said that the agreement violates Article 34 of the same Act on the ground that it does not violate the Act on the ground that the above agreement on the retirement allowance does not violate the minimum limits of the retirement allowance under the same Act and thus, it does not violate the Labor Standards Act on the basis of the plaintiff's money and valuables, etc.

(d) The calculation of legitimate retirement allowances;

(1) The monthly amount of regular wages received was calculated on a daily basis in the case of retirement in the middle of the wage calculation period, and in the case of a part-time employee, the regular wage in the retirement month was calculated on a daily basis for the actual working hours from the date of the retirement month (21 days) to the date of the retirement day, except the hourly rate and hourly rate, to the Plaintiffs.

(2) The bonus, the New Year’s Year’s Year’s Year’s Year’s Year’s Year’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’s Day’

Inasmuch as the bonus and incentive money are the one-year wage for labor between one year and one-year wage, it was divided into three months and included in the average wage (the bonus and incentive money in 1997 shall be paid as bonus payment criteria, but they shall be subject to the request of the plaintiffs).

(3) According to the collective agreement of the Defendant Company, the monthly paid leave shall be granted to the members who opened a monthly fixed working day on the 1st day of each month, and the 11th day of each month when the number of working days was opened for one year, and the 90% annual paid leave when the employee worked for 90% or more, and the 1st day of each year for the members who worked for 2 years or more shall be added to the 1st day for each year exceeding one year. In principle, the annual paid leave shall be granted to the person himself/herself at his/her request, and the annual and monthly paid leave shall be used for 1 year at his/her request, and the unused and monthly paid leave shall be paid at 10% of ordinary wages, and the retired person shall be paid at the time of his/her retirement, and all kinds of paid leave under relevant Acts and subordinate statutes and collective agreements, the period of leave and the period of medical care due to occupational accidents and diseases shall be deemed to have worked for the calculation of the annual paid leave (Article 59).

Therefore, the monthly allowance is calculated by multiplying the Plaintiffs, who acquired the right to monthly leave by the number of fixed working days for one month, by 8 hours, which is one day’s fixed working hours per month’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 annual or monthly allowance amount received from the Defendant Company within one year before retirement, and as a matter of course, regardless of the annual or monthly allowance amount received from the Defendant Company, it is confirmed that the number of fixed working days for one month has been changed, and as such, it was not included in the monthly

In the case of annual allowances, even if there was no annual leave 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 are not remuneration for the labor of the year in which he retires, regardless of whether the annual leave days for the first year of the year preceding the retirement year. Therefore, the annual leave allowances are included in the average wage, which serves as the basis for calculation of the annual leave allowances, only if part of the annual leave allowances falling under the overlapping part overlaps with the three-month period before the retirement date, among the plaintiffs who acquired annual leave rights by opening the number of contractual working days for one year from the date of his retirement for one year from the date of his retirement, which is the basis for the annual leave rights. Furthermore, regardless of the annual or monthly leave amount received from the defendant company within one year before his retirement, it is confirmed whether the number of contractual working days for the first year of the year being the basis of the annual leave rights, and it is naturally paid based on the date of his retirement.

(4) Under Article 2(1) of the Enforcement Decree of the Labor Standards Act, in the case of the plaintiffs who retired during the period of official or temporary retirement, the amount of wages paid during the period and the period were deducted from the amount of average wages calculated, respectively. However, if the period of deduction from the average wage calculation exceeds three months, the average wage was calculated on the basis of the wages between the three months immediately preceding the period of deduction.

(5) The detailed calculation details of the unpaid retirement allowance according to the above calculation method are as shown in the attached retirement allowance calculation sheet.

4. Conclusion

Therefore, the defendant company is obligated to pay damages for delay at each rate of 5% per annum under the Civil Act from the date of each of the above statements to February 8, 2002 and 25% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, as the claims by plaintiffs 1, 4, 6, 7, 9, 12, 19, 11, 12, 12, 19, 19, and 20 are accepted within the above scope of recognition, and each of the remaining claims by plaintiffs 1, 4, 6, 7, 9, 11, 12, 19, 19, and 20 are dismissed as the remainder of claims by the plaintiffs are without merit. It is so decided as per Disposition.

[Attachment List omitted]

Judges Cho Jong-soo (Presiding Judge)