The judgment below

The part against the defendant shall be reversed, and that part of the case shall be remanded to the Panel Division of the District Court.

The grounds of appeal are examined.

1. The annual paid leave under the provisions of Article 60 (1) of the Labor Standards Act is granted to workers who have worked not less than 80% per year, and where any worker fails to use his annual leave within one year after he acquired his right to annual leave, or where it becomes impossible to use his annual leave any longer due to such reasons as retirement before one year elapses, etc., he may claim from the employer the annual leave allowance equivalent to the number of days of his annual leave;

(See Supreme Court Decision 2014Da232296, 232302 Decided May 17, 2017, etc.). However, barring any special provision otherwise, the right to use the annual leave shall be deemed to take the day following the completion of work for the year one of the preceding year, barring any other special circumstances. Therefore, in a case where a labor relationship is terminated due to retirement, etc., the right to use the annual leave may not be claimed as compensation for the right to use the annual leave.

2.(a)

The judgment below

The reasons and records reveal the following facts.

(1) The Plaintiff (Appointeds) and the designated parties (hereinafter “Plaintiffs, etc.”) are employed by the Defendant and serve as a street environmental fine.

The retirement rate was set off.

(2) Article 26 of the rules on the regular employment of the facilities management corporation at the time of the Government provides that “The last day of December of the year in which he/she becomes 61 years of age shall be the retirement age of the street environmental finer.”

(3) The collective agreement concluded between the defendant and the National Democratic Union Trade Union provides that the defendant shall grant 20-day special paid leave to street environmental fineers who retire at their retirement.

(4) The Plaintiff et al. used the special paid leave immediately before his retirement, and the special paid leave period was until December 31 of the year when he turns 61.

B. The lower court, as the last day of December of the year when the Plaintiff et al. reached the age of 61 was a day during the special paid leave period, the actual date of retirement will next year.

1. 1. On the grounds indicated in its reasoning, including that it should be viewed as 1.