[1] Whether the amount paid to the full-time officer of a trade union under the status of the full-time officer of the trade union and the collective agreement can be viewed as wages (negative)

[2] The method of calculating retirement allowances of full-time officers

[1] Although the full-time officer of a trade union maintains a basic labor-management relationship between the employer and the company's status as an employee, it is similar to the worker in a leave of absence in that the full-time officer is exempted from the employer's duty to provide labor and in principle, is exempt from the employer's duty to pay wages, and therefore, even if the employer pays a certain amount of money to the full-time officer

[2] In calculating the retirement allowance of a full-time officer of a trade union, it is reasonable to calculate the retirement allowance based on the average wage of the workers in the same class and salary class as the former in light of the purport of the retirement allowance system that guarantees the ordinary life of the worker as the former.

[1] Articles 14 (see current Article 14) and 18 (see current Article 18) of the former Labor Standards Act (amended by Act No. 5309 of March 13, 1997) / [2] Article 28 (1) (see current Article 34 (1)) of the former Labor Standards Act (amended by Act No. 5309 of March 13, 1997)

[1] Supreme Court Decision 92Da34926 delivered on August 24, 1993 (Gong1993Ha, 2576), Supreme Court Decision 94Da58087 delivered on April 11, 1995 (Gong1995Sang, 1840), Supreme Court Decision 96Da26671 delivered on December 6, 1996 (Gong197Sang, 195)

Plaintiff 1 and one other (Attorneys Seo Jong-soo et al., Counsel for the plaintiff-appellant)

Korea General Technology Development Corporation (Attorney Final Baon et al., Counsel for the defendant-appellant)

Suwon District Court Decision 97Na5388 delivered on November 5, 1997

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

Although the full-time officer of a trade union maintains a basic labor-management relationship between the employer and the company's status as an employee, the full-time officer of a trade union is similar to the worker in a leave of absence in that he/she is exempted from the obligation to provide labor to his/her predecessor and in principle, is exempt from the employer's duty to pay wages (see Supreme Court Decision 96Da26671 delivered on December 6, 196). Therefore, even if the employer pays a certain amount of money to the full-time officer of a trade union under a collective agreement

In light of the purport of the retirement allowance system that the court below calculated the retirement allowance of the plaintiffs who are full-time officers of a trade union, it is reasonable to determine that the defendant's calculation of the retirement allowance of the plaintiffs based on the average wages of the same class and salary class as the plaintiffs in light of the purport of the retirement allowance system that the plaintiffs actually received as full-time officers of a trade union, and that it is reasonable to determine that the defendant's calculation of the retirement allowance of the plaintiffs based on the average wages of the same class and salary class as the plaintiffs. There is no error in the misapprehension of legal principles

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Shin Sung-sung (Presiding Justice)