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(영문) 대전지방법원홍성지원 2019.08.28 2015가단6920
퇴직금
Text

1. The Defendant’s KRW 20,689,044 for the Plaintiff and KRW 6% per annum from July 18, 2015 to August 28, 2019.

Reasons

1. Basic facts

A. The defendant is a company that aims at a bus transport business.

From November 8, 1997 to May 25, 2015, the Plaintiff worked as the Defendant’s driver.

B. 1) A collective agreement is concluded by the Defendant on January 7, 2008, the Chungcheongnam-nam Branch E Trade Union (hereinafter “EM”) of the Chungcheong Group E (hereinafter “EM”).

A) A collective agreement with effect from February 1, 2007 (hereinafter referred to as “instant collective agreement”) upon entering into with the Department.

Article 44 provides for the payment of retirement allowances to workers as follows. Article 44 (Retirement Allowance Company shall pay retirement allowances for 30 days of ordinary wages to retired employees as retirement allowances for one year.

provided that:

1. The number of months exceeding one year shall be paid by adding the amount calculated by multiplying the number of months of continuous service to the amount obtained by 12/day of ordinary wages for 30 days as a retirement allowance;

2. The ordinary wage shall be the daily wage amount;

3. Where the number of working days in the last month of his/her service is at least 15 days, it shall be deemed one month;

4. A company shall accumulate a retirement allowance;

5. A person who has retired from retirement shall pay 30 days in addition to a retirement allowance by adding it to a separate retirement allowance.

6. A company shall pay twenty-five days’ worth to a retirement allowance for a person with continuous service for a total of five years, and five days’ worth to a person with continuous service for five years or more shall be paid in addition to a retirement allowance every year.

Provided, That the retirement benefits system shall not apply from October 1, 2006.

7. Persons in continuous service for less than one year shall be excepted; and

2) A collective agreement concluded with Eno on July 6, 201 with the effective date of the instant amendment as of July 1, 2011 (hereinafter “instant amendment collective agreement”).

Article 44 (Retirement Allowance Company shall pay to the retired employee the average wage for 30 days under Article 8 of the Act on Guarantee of Workers' Retirement Benefits as retirement allowance for one-year period.

provided that:

1. Continuous service personnel of less than one year shall be excepted;

Article 81 (Non-Duty under Condition) No working conditions obtained by reason of the conclusion of this Convention shall be lowered.

Article 85 (Retroactive Application of Time) On April 5, 2011

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