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. Basic facts

A. The defendant is a corporation established on March 17, 1965 for the purpose of passenger transport service, and the plaintiff is an employee who works as an engineer belonging to the defendant company.

B. Meanwhile, since around 2005, the labor and management of the Defendant Company concluded a wage agreement to the effect that “the method of calculating retirement allowances shall be calculated on the basis of 18 days of full attendance, regardless of the number of days of service at the time of retirement” (hereinafter “instant agreement”).

C. From March 1, 2005 to February 17, 2017, the Plaintiff retired from office while serving until February 17, 2017. The Defendant did not pay the remainder of KRW 5,515,890 without paying only “retirement pay based on 18 days of full attendance” under the instant agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including number ; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. As to the cause of the claim, Article 34 of the Labor Standards Act and Article 8 of the Guarantee of Workers' Retirement Benefits Act provide for the lower limit of the retirement amount to be paid to the retired employee. Thus, if the retirement amount calculated by an agreement between the labor and management is lower than the lower limit guaranteed by the above Act, such agreement is null and void as it violates the above provisions, which are mandatory laws (see, e.g., Supreme Court Decision 2007Da3293, 33002, Sept. 20, 2007). 2) In accordance with the above legal principle, the agreement in this case is null and void as it is in violation of Article 34 of the Labor Standards Act and Article 8 (1) of the Guarantee of Workers' Retirement Benefits Act, which stipulate that the “average wage for 30 days or more” shall be paid as retirement allowance for 1 year.

3) Therefore, the Defendant is liable to pay the Plaintiff the retirement allowance of KRW 5,515,890, and the delay damages.B. The Defendant’s defense and judgment 1) summary of the Defendant’s defense is the representative of the Defendant’s labor and management.