Whether the wage rules established the retirement allowance system which does not include part of the allowances under the employer's benefit regulations based on the calculation of retirement allowances, but which sets the lowest line under Article 28 of the Labor Standards Act are illegal.

If an employer establishes a retirement allowance system that sets the lower limit line under Article 28 of the Labor Standards Act, it cannot be said that the employer's payment of allowances is illegal measures on the ground that the employer did not pay part of the allowances to the worker as the basis for the calculation of retirement allowances.

[Judgment of the court below]

Attorney Lee Han-chul, et al., Counsel for defendant-appellee

Seoul High Court Decision 73Na17 delivered on July 19, 1973

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the plaintiff's attorney are examined.

According to the reasoning of the judgment below, the court below found that the defendant company's bonus allowance and special allowance for the plaintiff are not based on the calculation of the retirement allowance in calculating the retirement allowance for the plaintiff based on the timely evidence, but it can be recognized that the wage rules for the payment of the retirement allowance of the defendant company set up a retirement allowance system which covers the lowest line under Article 28 of the Labor Standards Act. Thus, it is legitimate that the bonus allowance and special allowance cannot be deemed illegal measures because the definition of wage under Article 18 of the Labor Standards Act is the same as that of the same Act, and it cannot be affected in the determination and determination of the above court's determination, and it cannot be viewed that there is any illegality in calculating the annual allowance of the court below. Therefore, it is so decided as per Disposition by the assent of all participating judges.

Justices Red Man-Man (Presiding Justice)