1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The judgment on the cause of the claim is a person who works as a driver at the Defendant company that operates passenger transport business and received annual leave allowances from the Defendant company instead of not using annual leave in the pertinent year at the beginning of each year. Accordingly, the annual leave allowances that the Plaintiff received in advance from the Defendant company were calculated on the basis of wages which are not reflected in the wage increase in the pertinent year. The difference between the annual leave allowances that the Plaintiff received in advance from the year 2010 to the year 2012 and the annual leave allowances calculated on the basis of the difference between the annual leave allowances and the annual leave allowances that the Plaintiff received in advance is not a dispute between the parties.

The right to annual leave under Article 60 of the Labor Standards Act is recognized at the time when the worker has worked for not less than one year and has worked for not less than 80 percent, and where the worker has not used the annual leave for one year after acquiring the right to annual leave, he/she may claim the payment of annual leave allowance at the time when the one year period expires. Thus, the annual leave allowance shall be calculated on the basis of the wage at the time when one year has elapsed after acquiring the right to annual leave.

According to the above facts, the defendant company calculated annual leave allowances based on the amount of wages at the time when the plaintiff acquired the annual leave rights, not at the time when one year has elapsed after the plaintiff acquired the annual leave rights. Thus, barring any special circumstance, the defendant company is obligated to pay to the plaintiff 128,840 won unpaid among annual leave allowances and delay damages calculated at the rate of 20% per annum from October 19, 2013 to the day of complete payment as requested by the plaintiff.

2. Judgment on the argument of the defendant company

A. The summary of the argument 1 on the violation of the good faith principle belongs to the Busan Metropolitan City Bus Transport Business Association and the employees of the defendant company.