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(영문) 서울중앙지방법원 2014.10.16 2013가단288016
퇴직금
Text

1. The Defendant: 896,740 won; 1,470,653 won; 2,683,518 won; and 2,683,518 won to Plaintiff A; and 1.00 won to Plaintiff B and C.

Reasons

1. Basic facts

A. The Plaintiffs retired while serving in the Defendant Company during the period from the corresponding date indicated in the “retirement Date” column of the attached Table 1 list to the corresponding date indicated in the “Retirement Date” column of the same Table.

B. On August 7, 2006, the Defendant Company agreed to determine the average wage, which serves as the basis for the calculation of retirement allowances, with the trade union, as the basic pay, position allowances, qualification allowances, computer allowances, family allowances, family allowances, continuous service allowances, food allowances, heavy class allowances, bonuses, and physical training expenses (hereinafter “instant agreement”).

C. The Defendant Company adopted a short-term system of calculation of the nine years of continuous service with respect to the payment method of retirement pay for the Defendant Company. However, on October 28, 2010, the Defendant Company agreed to abolish the short-term system from October 31, 2010 through collective bargaining with the labor union and pay retirement pay by a short-term system.

The Plaintiffs received each interim settlement or retirement pay from the Defendant Company according to a single-level system before October 31, 2010, as stated in the relevant list of the retirement allowances calculation statement in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-6, each of Gap evidence 1-4, Eul evidence 1-6, and the purport of whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that the defendant company excluded them from the average wage and paid them to the plaintiffs with interim settlement of accounts or retirement allowances, despite the fact that all of the above items are included in the calculation of retirement allowances, stocks acquisition expenses, personal pension subsidies, vehicle maintenance expenses, transportation expenses, and job allowances (hereinafter referred to as "the above items") and the defendant company paid them to the plaintiffs. As for the continuous service period from the day following the date of the last interim settlement of retirement allowances to December 31, 2012, which is the retirement date, the date of retirement payment, the plaintiff D and E shall be the average wage for the continuous service period from the day following the date of the second interim settlement of accounts to November 30, 2010, which is the second interim settlement date.

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