Whether bonuses not paid within three months prior to retirement should be included in the average wage as the basis for the calculation of retirement allowances.

Bonuses paid as compensation for work shall be included in the calculation of the average wage, which is the basis for the calculation of the retirement allowance of workers, by dividing the amount corresponding to three months by three months, regardless of whether they were actually paid or not paid during the three-month period before the worker's retirement.

Article 19(1) of the Labor Standards Act

Plaintiff 1 and 2 others, Counsel for the defendant-appellant-appellee

International Tourism Corporation (Attorney Jeon Young-soo, Counsel for defendant-appellant)

Seoul High Court Decision 76Na12 delivered on May 26, 197

The part against the plaintiffs among the original judgment is reversed, and this part of the case is remanded to the Seoul High Court.

Judgment on the Plaintiffs’ grounds of appeal by the Plaintiffs,

According to the reasoning of the judgment of the court below, the defendant Corporation confirmed that the plaintiffs paid 150 percent of the amount of salary each time at the end of June and the end of December every year since June, 1967, which was before the plaintiffs retired from defendant Corporation, as bonus, and rejected the plaintiffs' claim for the additional retirement allowance in this case seeking payment on the premise that they received no payment of the above bonus between the three months from the date of each retirement date and the date of each retirement date, on the ground that there was no payment of the above bonus.

However, it is reasonable to ensure that the bonus is the average wage in itself, and the bonus in this case also belongs to the wage that is paid or received separately in addition to the amount of monthly salary as determined by the court below, as well as to the kind of daily wage paid in compensation for work as determined by the court below. Thus, it is not different from the result of the calculation of the average wage in the calculation of the retirement allowance according to the method of lump-sum payment, or the recovery and payment in installments, but it is reasonable to include only the amount corresponding to the three-month amount per year, which is the basis for the calculation of the employee's retirement allowance, in the calculation of the average wage, which is the basis for the calculation of the retirement allowance in this case, regardless of whether it was actually paid or not paid during the three-month period before the employee's retirement, it is reasonable to include the corresponding amount in the calculation of the average wage in the calculation of the employee's retirement allowance regardless of whether it was actually paid or not. Accordingly, in this regard, it is erroneous in the judgment that affected the conclusion of the judgment.

Therefore, the part against the plaintiffs among the original judgment is reversed, and this part of the case is remanded to the Seoul High Court. It is so decided as per Disposition by the assent of all participating Justices.

Justices Han-jin (Presiding Justice)