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(영문) 수원지방법원 2019.10.18 2018나52785 (1)
퇴직충당금 지급 청구
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the above cancellation portion is dismissed.

3.

Reasons

1. Facts of recognition;

A. The incorporated association C is an organization consisting of D transport business operators as its members for the purpose of improving the functions of loading and unloading ports, promoting the rationalization thereof, and promoting the sound development of D transport business, and the defendant is a logistics subsidiary of E agencies for the purpose of conducting an agency business related to railroad freight transport among national railroad businesses.

B. The Plaintiff, from around 1978 to guarantee the livelihood of D workers after their retirement, set aside a certain percentage of D workers’ retirement allowances as D workers’ retirement allowances (hereinafter “retirement allowances”) and paid retirement allowances to the retired workers among D workers who belong to the FF trade union.

C. At first, Gtainer Yel had six cargo handling companies, including N, through D workers affiliated with H trade union, of container load and load work. On April 1, 2006, E institutions decided to operate G in an integrated manner, designated the Defendant as an agent for entrusted operation and management, and the Defendant was to operate and manage G solely from May 2006.

The defendant shall decide to succeed to the employment of the FF union members working in G from the above six unloading companies, and "the wage agreement of 2006" with H union (hereinafter "H union") around July 19, 2006 is "the wage agreement of 2006" with the following contents:

A) A, (i) around September 3, 2007, around June 2008, and around June 2009, concluded each wage agreement with a similar content, except for the criteria for the payment of wages and allowances. For the work of Article 2(Defendant), HEA shall be supplied with labor, and shall be faithfully performed, and the work outside HEA shall not be employed. The work of the preceding Article 3 refers to the work and the number of T/T signal numbers on the G container in the G of (Defendant) Party A. Article 4 (Temporary Members for the work of Defendant are fixed as 37, and the increase or decrease of the number of employees following the changes in quantity or working conditions, and all the working conditions.

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