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(영문) 서울고등법원 2016.03.30 2015나2064634
임금
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.

Reasons

(a) to pay KRW 600,000,000 for articles and KRW 500,00 for the memorials and the Gu administration each year;

(Provided, That it shall be paid in accordance with paragraph 2). (At least, the collective agreement dated November 16, 2012). Article 43: bonus companies shall pay bonuses to all members.

Article 44 Retirement Allowance

1. A company shall pay an employee who has served in continuous service for at least one year as his/her average wage when he/she retires, dismisses or dies, and shall also pay the number of months calculated monthly;

2. The company shall pay a retirement allowance within 14 days after an employee submits a resignation document.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

3. Payment of retirement allowances in full, excluding filial leave expenses, family allowances, school expenses subsidy, and bathing expenses, within the scope of payment of retirement allowances;

4. Amount of payment: The amount of retirement allowance for the former employee = Average wage for three months ¡¿ the number of years of continuous service ¡¿ 100/100 (at least a collective agreement on December 24, 2010)

3. Retirement allowance calculation method 1) = Average wage per day ¡¿ 30 (day in total) ¡¿ (day in total / 365) * Average wage per day = Gross total amount of wages paid for three months prior to the date of retirement / total number of days in three months prior to the date of retirement (a collective agreement dated November 16, 2012) Article 79 of the Labor Union and the Defendant entered into an annual wage agreement in order to specifically determine the details and amount of allowances, etc. stipulated in the instant collective agreement with all employees. (b) The instant trade union and the Defendant entered into the wage agreement every year in order to determine the details and amount of allowances, etc. stipulated in the instant collective agreement from 2010 to 2013 (hereinafter “instant wage agreement”). Of the wage agreements entered into from 2010 to 2013 (hereinafter “instant wage agreement”).

The wage agreement of this case provides that basic pay of ordinary wages, (special) business allowances, and work encouragement expenses shall be included in ordinary wages, and bonuses shall not be included in bonuses.

On the other hand, in the wage agreement of 2010 and the wage agreement of 2011 applied until June 30, 2012, continuous service additional charges, household support expenses, early food expenses, food expenses, transportation support expenses and bathing expenses are classified by duty each month.

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