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(영문) 대전지방법원서산지원 2015.12.08 2014가단52331
퇴직금등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 1, 1989, Plaintiff A joined the Defendant Company and retired on March 31, 2013.

Plaintiff

B entered the Defendant Company on July 5, 200 and retired on September 30, 2012, and upon consultation with the Defendant Company, provided labor as a contractual worker for one year from October 1, 2012 to September 30, 2013.

B. A collective agreement, the conclusion and contents of a wage agreement, and the Taean Passenger Workers’ Union under the Chungcheongnam-Nam Branch of the Korea Automobile Trade Union (hereinafter “instant collective agreement”) concluded a collective agreement in April 201 and a wage agreement in around July 201 (hereinafter “instant wage agreement”), respectively, (hereinafter “instant agreement”). The main contents are as follows.

1) Article 35 of the instant collective agreement (Paid leave from February 1, 2011 to January 31, 2013)

5. The following: Provided, That the wage system under Article 40 (Payment on 4th 13 August only for the full-time workers) is as follows:

3. Allowance for full-time: A company shall pay full-time allowances to the workers on 18th day of a month as the daily amount specified in the wage agreement.

Provided, That in February, the full-time allowances shall be paid to workers on 17 days, and the implementation thereof shall be conducted from the year 2007.

Article 42 (Reward) Company shall pay 64 days’ daily allowances to all employees in four equal installments.

Provided, That this shall not apply to workers who have the following reasons:

1. 100% payment to a person who has worked for at least five days a month;

2. 90% payment to a person who has worked for at least four days a month;

3. 80% payment to a person who has worked for at least three days a month;

4. The wage agreement of this case (from February 1, 201 to January 31, 201) does not provide for payment to a person who served between January and February 201.

3. An accident-free allowance shall be 65,000 won;

(applicable from July 1, 07): Provided, That this shall apply only to non-accident workers for at least 15 days.

4.The bonuses of bonus drivers shall be paid as follows:

91,070 won (daily amount) ¡¿ 64 = 5,828,480 won Company shall pay bonuses to drivers in installments four times a year.

Provided, That it shall be paid in accordance with paragraph (9).

5...

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