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(영문) 대법원 2019.04.25 2014다28312
퇴직금
Text

The plaintiff's incidental appeal is dismissed.

The defendant's appeal is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s ground of appeal

A. As to the assertion of misapprehension of the legal principles as to the validity of the amendment of the collective agreement, the lower court determined that the collective agreement before the amendment was applied when the first and second interim retirement allowances were calculated against the Plaintiff, and that the collective agreement after the amendment was applied when retirement.

In light of the relevant legal principles and records, such determination by the court below is just and there is no error in the misapprehension of legal principles as to the validity of amendment of collective agreements.

B. As to the assertion of misapprehension of the legal principles as to ordinary wages, the lower court determined that the allowances for service on board, continuous service allowances, daily allowances, and bonuses are fixed wages paid regularly and uniformly, and thus, included in ordinary wages.

In light of the relevant legal principles and records, the lower court’s determination is justifiable and did not err by misapprehending the legal doctrine on ordinary wages, contrary to what is alleged in the

C. As to the assertion of misapprehension of the legal principles as to the good faith principle, the lower court determined that the Plaintiff’s claim for unpaid retirement allowances by including allowance for service on board, continuous service, daily allowance, and bonus in ordinary wages did not violate the good faith principle.

In light of the relevant legal principles and records, the lower court’s determination is justifiable and did not err by misapprehending the legal doctrine on the good faith principle.

The remaining grounds of appeal are small claims to which the Trial of Small Claims Act applies, and the contents asserted by the defendant as the remaining grounds of appeal do not constitute any ground provided for in each subparagraph of Article 3 of the Trial of Small Claims Act.

Therefore, this part of the ground of appeal cannot be accepted.

2. The time limit to file an appeal against the Plaintiff’s non-objected appeal is until the time the time limit for filing the appellate brief expires (see Supreme Court Decision 2006Da10439, Apr. 12, 2007).

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