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(영문) 대구지방법원 2020.08.20 2019가합209073
퇴직금 청구
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The Defendant shall pay to the Plaintiffs each money indicated in the “Difference of interim settled retirement pay” list of “total claim amount” attached to attached Table 2.

Reasons

1. Basic facts

A. The defendant is a public corporation established for the purpose of promoting the convenience of people's lives and contributing to improving public welfare by laying the foundation for the long-term stable supply of gas, and the plaintiffs are those who work as employees of the defendant.

(Plaintiff CO, CP, and Q are the successors of net CR who were the employees of the Defendant).

The Defendant considered the basic salary as ordinary wage in accordance with the rules of employment, such as remuneration regulations and implementation rules, and paid the Plaintiffs overtime work allowances, overtime work allowances, night work allowances, holiday work allowances, holiday work allowances, and annual leave allowances (the total amount of each of the above allowances, hereinafter referred to as “all kinds of allowances”).

C. The Defendant paid incentives to the Plaintiffs (in the case of employees with salary grade system), ② performance-based incentives (in the case of employees with salary grade system), ③ statutory appointment allowances (common), ④ shift work allowances (common) and ⑤ job grade (in the case of employees with salary grade system), but this part does not constitute ordinary wages, and is not included in ordinary wages and average wages that form the basis for calculating various allowances and retirement allowances.

After joining a defined contribution plan, the plaintiffs joined the defined contribution plan and converted it into the defined contribution plan, the defendant paid interim settlement retirement benefits to the plaintiffs during the process of changing such defined contribution plan into the defined contribution plan, and thereafter, the contribution to the defined contribution plan has been paid to the shareholders' contribution plan account.

On the other hand, the defendant did not include the business performance evaluation pay in the average wage when calculating interim settlement allowances and the contribution to defined contributions.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including branch numbers where there are branch numbers), purport of whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion.

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