The judgment below

The part against the plaintiff, excluding the claim for overtime allowance, shall be reversed, and this part shall be reversed.

The grounds of appeal are examined.

1. Judgment on the Defendant’s grounds of appeal

A. As to the ground of appeal No. 1, the lower court determined that the instant collective agreement should be applied to the tenure of office from the Plaintiff’s entry date to the date prior to the amendment of the instant collective agreement.

Examining the record in accordance with the relevant legal principles, the lower court did not err in its judgment by misapprehending the legal doctrine on disadvantageous changes in collective agreement, contrary to what is alleged in the grounds of appeal.

B. As to the ground of appeal No. 2, the lower court determined that the continuous service allowance and work allowance are fixed wages regularly and uniformly paid, and thus, included in ordinary wages.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err by misapprehending the legal doctrine on ordinary wages, contrary to what is alleged in the grounds of appeal.

C. As to the third ground of appeal, the lower court determined that the Defendant should pay the Plaintiff additional retirement pay, including continuous service allowance and service allowance, based on the re-assessment of ordinary wages.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err by misapprehending the legal doctrine on the good faith principle or by exceeding the bounds of the reasoning, contrary to what is alleged in the grounds of appeal.

2. Judgment on the Plaintiff’s grounds of incidental appeal

A. As to the ground of appeal No. 1, in order for money and valuables to be paid by an employer to an employee to constitute wages, such money and valuables are paid as compensation for work, and the employee has to be continuously and regularly paid, and the obligation to pay to the employee under the collective agreement, employment rules, etc.

In addition, money and valuables that can be deemed that the occurrence of the obligation to pay is directly related to the provision of labor or closely related to the provision of labor can be deemed to have been paid for the provision of labor.

Supreme Court Decision 94Da55934 delivered on May 12, 1995 and Supreme Court Decision 9Da5934 delivered on May 12, 1995