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(영문) 대구지방법원 포항지원 2018.10.16 2017가단107016
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs, as members of the AK Federation AL trade union under the AJ union (hereinafter “instant trade union”), worked as the street cleaners belonging to the Defendant Si, and retired from the office on the date of “the date of retirement” in the attached retirement allowance calculation details.

The instant trade union, on behalf of its members, has concluded a collective agreement with the Defendant each year, and accordingly, concluded a collective agreement in 2016 (hereinafter “instant collective agreement”).

Article 27 (Determination of Wages) of the Wages of Environmental Manager in Chapter 5 of the collective agreement of this case provides that “The wage of the Environmental Manager shall be determined by the port of port and trade union as an agreement. The retirement allowance of the worker under long-term service for at least ten years shall be paid in addition to 50%.”

Under the 2016 Wage Convention, annexed to the instant collective agreement (hereinafter “the instant wage agreement”), the term “ordinary wage” is used as a basis for the calculation of excess work allowance, and the term “ordinary wage” is defined as “basic pay, special work allowance, and household allowance, fixed meal allowance, and traffic allowance, and sanitation allowance” ± 12). Based on the calculation of retirement allowance, the term “monthly average wage” is used. The Defendant used the term “ordinary wage” calculated as above as from 2010 as the same concept as “average wage” and “monthly average wage”, while it has calculated and paid retirement allowance to the retirees based on the above “ordinary wage” as well as both labor and management did not raise any special objection prior to the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 36, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion is included in the average wage under Article 2 subparagraph 6 of the Labor Standards Act when the defendant calculates retirement allowances at the time of retirement of the plaintiffs.

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