1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The grounds for the court's explanation concerning this case are as follows. The amendment of the rules of employment is valid without the necessity of obtaining the consent of each employee, provided that there is such consent or agreement, and this is also the same in a case where the amendment of the rules of employment is made disadvantageously to the existing working conditions or the rights of workers (see, e.g., Supreme Court Decision 91Da31753, Nov. 24, 1992). The "non-influence" under the seventh part of the judgment of the court of first instance as "non-influence of attendance," and the "non-influence of attendance" under the seventh part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, and thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except in the following additional statement.

【Additional Decision-Making Matters】 The Plaintiff asserts that the interim adjustment of retirement pay is null and void, since the Defendant did not request the employees to make interim adjustment of retirement pay according to his mind.

Judgment

The interim settlement of retirement allowances under Article 34(3) of the former Labor Standards Act (amended by Act No. 7379 of Jan. 27, 2005) is established when an employee demands interim settlement of retirement allowances for all or part of the period of continuous employment, and the employer approves interim settlement of the period required. In this case, the employer cannot determine the agreement by unilaterally performing interim settlement of payment only for a part of the period required by the employee. However, if the employer's interim settlement of payment for a part of the period constitutes a new offer with the consent of modification under Article 534 of the Civil Act and it can be deemed that the employee accepts interim settlement of payment without any objection, it constitutes an interim settlement of payment within the scope of a part of the period during which interim settlement is implemented.