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1. The Defendant’s KRW 17,608,524 as well as the Plaintiff’s annual rate of KRW 5% from April 3, 2013 to April 29, 2014.
Reasons
1. Basic facts
A. The party to the lawsuit is a company with the objective of bus passenger transport business, and the Plaintiff is a person who was employed by the Defendant on March 9, 1997 and was employed as an employee of the Defendant’s driver until January 31, 2013 (hereinafter “instant retirement”).
B. 1) A collective agreement concluded with a trade union on January 7, 2008 (hereinafter “instant collective agreement”) that the Defendant entered into with a trade union and entered into force on February 1, 2007 (hereinafter “instant collective agreement”).
In relation to the payment of retirement allowances for workers, Article 44 (Retirement Allowance) provides that the company shall pay the retired employee for 30 days’ ordinary wages as retirement allowance for one-year period. The company shall pay for 25 days’ ordinary wages to the retired employee. The company shall pay for 25 days’ ordinary wages to the retirement allowance for 5 years’ continuous service employees, and shall pay for 5 days’ continuous service employees for 5 years or more in addition to the retirement allowance every year. 2) The collective agreement with the labor union concluded on July 6, 201 with the labor union as of July 1, 201 and effective as of July 1, 201 (hereinafter “instant revised collective agreement”).
Article 44 (Retirement Allowances) A company shall pay to retired employees the amount of average wages for 30 days under Article 8 of the Act on Guarantee of Retirement Benefits of Workers as retirement allowances for one year.
Article 81 (Non-Duty under Condition) No working conditions obtained by reason of the conclusion of this Convention shall be lowered.
C. According to the wage agreement that was enforced on June 30, 201, as of June 30, 201, the Defendant entered into a wage agreement with the first trade union each year in order to determine the daily amount of the pertinent year as follows: (a) according to the wage agreement that was enforced on June 30, 201, the Defendant decided to pay the daily amount of 82,980 won for driving workers in 201; and (b) the bonus shall be paid in installments on four occasions a year’s 62-day daily amount; and (c) the daily amount of 14,095 won (=80 won x 82,980 x 62 days ± 365 days, and less than KRW 15,000 per year’s continuous service period.