Attached Form 1 (Attorney Kim Sang-hoon, Counsel for the defendant-appellant)

Gap Antetex Co., Ltd. (Law Firm Spah, Attorneys Kim Yong-mun, Counsel for the defendant-appellant)

August 19, 2011

1. As to the plaintiffs, the defendant shall pay to the plaintiffs 20% interest per annum from February 18, 2011 to September 23, 2011, 20% interest per annum from February 18, 2011 to September 23, 2011, and 20% interest per annum from the next day to the date of full payment with respect to each of the above amounts.

2. The remaining claims of the plaintiffs except the plaintiffs 2, 102, and 263 are dismissed, respectively.

3. 5% of the costs of lawsuit is assessed against the plaintiffs, and the remainder 95% is assessed against the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 20% interest per annum from February 18, 2011 to the day of full payment with respect to each corresponding amount and each of the above amounts stated in the attached Form (2) claim amount and the "total amount of claim" list.

1. Basic facts

A. Status of the parties

The defendant company was established on June 7, 2004 and runs the manufacture and sale business of automobile parts, and the plaintiffs are those who are employed and work for the defendant company.

B. Details of the collective agreement

On October 8, 2008, the National Metal Trade Union to which the plaintiffs belong entered into a collective agreement with the defendant company (hereinafter “instant collective agreement”). The relevant contents of the instant collective agreement are as follows.

Article 36 (wages)

1. The company shall comply with the benefits rules for its members, and the benefits rules shall be determined by the company in consultation with the union: Provided, That the revision of the standards for payment of benefits and new establishment thereof shall be determined by mutual agreement with

2. The wage adjustment of union members shall be part of April 1 each year; and

3. A salary grade for the members of the cooperative shall be a grade 500 won per year, which shall be part of January 1 of each year, and it shall be limited to those who have worked for not less than one year: Provided, That for those whose continuous service is more than five years but less than fifteen years, the grade 100 won per day and the grade 200 won for not less than fifteen years shall be added;

4. The standard amount of ordinary wages shall be the total amount of the allowances as referred to in the following subparagraphs:

1) Position allowances

(ii) production allowances;

(iii) injury allowances;

(iv)a continuous service allowance;

(v) qualification allowances;

6) T QC Allowances

(vii) physical training allowances;

(viii) self-development allowances;

9) Skilled training allowances;

Article 46 (Reward)

1. The company shall pay bonuses to its members in eight equal annual installments: Provided, That the rate of payment shall be 700% per annum by adding 20,000 won to the basic salary plus the allowances referred to in subparagraphs of Article 35 (Wage) 4, and 35 hours O/T to 35 hours;

2. The timing of payment of bonuses shall be 100% and 50%, respectively, on the 2,4,6,8,10,12.

3. The company shall pay 500,000 won in a fixed amount on the next annual leave.

4. The Company shall pay Kim Jong-chul, and the amount paid shall be paid after labor-management consultation.

Article 50 (Retirement Allowances)

1. The company maintains the current retirement allowance system and cannot modify the labor-management agreement without any labor-management agreement. In addition, the union shall provide relevant data when it requests confirmation of the accumulation and operation of retirement allowances.

2. Article 34 of the Labor Standards Act shall apply.

Article 51 (Time of Duty)

1. The company shall base the working hours of its members on eight hours a day and forty hours a week: Provided, That Saturdays shall be a paid holiday;

2. A place of work identified as a harmful or dangerous place of work shall be based on six hours a day and thirty hours a week.

3. The starting and ending hours of a company shall be as follows, and the change shall be made after consultation with the union:

(i) Daytime service: hour of business - 08:30, end hours - 17:30

(ii) Night duty: starting hours-21:00, closing hours- 06:00

4. The company shall, in case of overtime work in excess of twelve hours a week, make an agreement between the party or the union.

5. The term "working hours" means hours under the control of a company, such as actual working hours, inquiries prior to the commencement of works, quality control activities, cleaning, education, etc.;

Article 67 (Monthly Leaves)

A company shall grant paid leave to enhance the morale of its members, and shall decide on the effective date through consultation between labor and management in the fourth quarter of the preceding year.

(c) Payment of legal allowances and retirement allowances;

1) The Plaintiffs were paid the root year allowance (Extended work allowance), weekly work allowance, holiday work allowance, parking allowance, and shutdown allowance (hereinafter “legal allowance, such as annual work allowance”) from the Defendant Company based on the ordinary wage calculated in accordance with the instant collective agreement and the collective agreement concluded previously, and the calculation formula is as follows.

(1) The root year allowances: The ordinary wage rate) 】 overtime working hours 】 150%

(2) Workers' paid leave allowances: Ordinary wage 】 weekly paid leave hours 】 150%.

(3) Holiday allowance: Ordinary wage 】 holiday work hours 】 150%.

(4) Parking allowances: Ordinary pay 】 100%.

(2) Plaintiffs 4, 5, 11, 13, 29, 43, 61, 64, 67, 71, 76, 78, 89 (born on July 6, 1968), 93, 98 (born on August 17, 197), 99, 104, 107, 112, 124, 125, 133, 141, 15, 169, 174, 180, 202, 207, 278, 297, 207, 205, and 27, including the average wage, calculated by 20,000,000,000 won or less from 20,000,000 won or less, as follows:

· Retirement allowance: (Period of continuous service + Number of months in continuous service + Number of months in continuous service + Number of days in continuous service / 365 days) ¡¿ average wage for 30 days.

3) In calculating the retirement allowance to be paid to Plaintiffs 4 and 54, the Defendant Company excluded the individual pension subsidy, organization insurance premium, gift, date-of-date subsidy, meeting ceremony, and meeting competition expenses, which were paid to the said Plaintiffs, from the total amount of wages, which serves as the basis for calculating the average wage.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence No. 1, and the ground for appeal

2. The parties' assertion

A. Summary of the plaintiffs' assertion

1) Of the money and valuables provided to the Plaintiffs, the Defendant Company calculated legal allowances and paid them to the Plaintiffs under the condition that they exclude the ordinary wages from the amount of money and valuables provided to the Plaintiffs (hereinafter “rest and construt bonuses”) (i.e., snow and construt bonuses, (ii) the instant collective agreement, (iii) the instant bonus, (iv) the personal pension subsidy, (v) the group insurance premium, (vii) the donation, (viii) the day-day subsidy, (viii) the meeting ceremony, and (9) the division competition bonus (hereinafter “rest and constru bonuses, etc.”). While the instant collective agreement does not include the snow and constru bonuses, the said amount should be included in ordinary wages under the Labor Standards Act by nature, and thus, the part excluding the snow and construt bonuses, etc. in relation to the calculation of statutory allowances under the instant collective agreement is null and void. Accordingly, the Defendant Company is obligated

2) Meanwhile, the Defendant Company, while making interim settlement of retirement allowances to Plaintiff 4 and 54, omitted the individual pension fund, group insurance premium, gift fund, life-day subsidy, meeting ceremony, and meeting meeting competition expenses from the total wage that forms the basis for calculating the average wage, and as such, included statutory allowances, such as root year allowances, which are illegally calculated, and thus, is obligated to additionally pay the difference between the retirement allowance fixed according to the legitimate average wage and the retirement allowance already paid to Plaintiff 4 and 54.

B. Summary of the defendant company's assertion

Among the money and valuables paid by the Defendant Company to the Plaintiffs, the payment rate and payment rate vary depending on the actual work performance, attitude, etc., and thus, it cannot be included in ordinary wages. Inasmuch as individual pension subsidies, group insurance premiums, gift expenses, and date-of-date subsidies are given to the employees to which the Defendant Company belongs, it cannot be deemed that they constitute wages, and thus, they cannot be included in ordinary wages and average wages. Moreover, the meeting-type bonus, department-class competition bonus, and department-type bonus are given by the Defendant Company to pay actual expenses to the employees’ welfare, and thus, they cannot be included in ordinary wages and average wages. Therefore, it cannot be deemed that they constitute wages, given that they cannot be deemed as the payment for labor, since they cannot be deemed as the payment for labor.

3. Determination

A. Determination as to whether the case constitutes ordinary wages and average wages

1) Relevant legal principles

If money and valuables paid to workers for prescribed labor or total work are regularly and uniformly paid, in principle, the amount of wages that belong to ordinary wages is not paid periodically or uniformly, or it does not correspond to ordinary wages, such as whether payment is made periodically or uniformly, or whether payment is made according to actual work performance, and the amount of payment varies. Here, the term “ uniform payment” includes not only the payment to all workers, but also the payment to all workers who meet a certain condition or standard, and the term “fixed condition” refers to an “fixed condition” in light of the concept of ordinary wages that intend to calculate “fixed and average wage” (see Supreme Court Decisions 2006Da13070, Jun. 15, 2007; 2009Da74144, Jan. 28, 2010, etc.).

On the other hand, average wage refers to the total amount of wages paid to the worker for the three months prior to the date on which the cause for calculating the average wage occurred, divided by the total amount of the wages paid to the worker as the whole date and time. The total amount of wages as the basis for calculating the average wage is money and valuables paid to the worker as compensation for work, which includes, regardless of whether the employer is named, the obligation to pay is continuously and regularly paid to the worker under the collective agreement, employment rules, wage rules, labor contracts, labor contracts, labor practices, etc.

(ii) snow- and drilling bonuses;

However, Article 46 (1) and (2) of the collective agreement of this case provide that the defendant company shall pay the plaintiffs a bonus in eight installments per year, and 50% of the basic salary shall be paid on the New Year's Day and New Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Day.

3) The annual leave expenses

On the other hand, Article 46 (3) of the collective agreement of this case provides that the company shall pay 500,000 won at a fixed amount at the next leave. In full view of the whole purport of arguments in the statement in subparagraph 4-1, 2, and 11-1 or 5 of the evidence No. 4-2 of this case, the defendant company did not apply bonus payment rules to the following leave expenses, but paid 50,000 won at a fixed amount to its employees except for those who have been under three months or more as of the payment date, those who have been under three months as of the payment date, those who have been under three months as of the payment date, and those who have been under one month or more as of the payment date, and it is recognized that two workers have not been paid the paid leave expenses in accordance with the above criteria. Accordingly, according to the above, it is reasonable to view that the paid leave expenses constitute a fixed wage regardless of whether they have the duty to pay wages under a collective agreement and are in the nature of work.

(iv) Kim Jong-picker

On the other hand, Article 46 (4) of the collective agreement of this case provides that the company shall pay Kim Jong-si with the payment of the payment amount after a labor-management consultation. In full view of the overall purport of arguments as to Gap evidence 2-1, 2, and Eul evidence 5-1, 5-3, defendant company paid Kim Jong-min's 200,000 in accordance with the above provision. The labor-management council of 2007 and 2009 decided Kim Jong-min's 220,000 won to be paid by the defendant company. The defendant company did not apply the bonus payment rules to Kim Jong-min, and it is reasonable to view that the payment amount constitutes a fixed amount of wages for 20,000 workers, regardless of the fact that the defendant company's work performance record was paid for 3 months or more as of the payment date, and that it constitutes a fixed amount of wages for 200,0000 workers under the above provision.

5) Personal pension subsidies

In full view of the purport of arguments in the statement of evidence No. 1 and evidence No. 13-1 through 12 of the evidence No. 13, the detailed guidelines of the collective agreement of this case provide that the company shall pay the personal pension of 25,000 won per month for those who have served for not less than 5 years but less than 10 years as personal pension support items for guaranteeing their old age, 20,000 won per month for those who have served for not less than 10 years but less than 15 years, 25,000 won per month for those who served for not less than 15 years and less than 20 years, and 30,000 won per month for those who served for not less than 20 years. According to the collective agreement of this case, the defendant company stated the personal pension subsidy that the defendant company pays on behalf of the defendant company in a detailed statement of salary and withheld income tax. Accordingly, the individual pension has the nature of the obligation to pay wages by collective agreement and labor-management consultation, and it constitutes a regular wage regardless of the total wage.

(vi) group insurance premiums;

In full view of the statement in Gap evidence No. 3, the defendant company purchased group insurance for not less than one year after its establishment and agreed to subscribe group insurance for 10,000 won per month with a ten-year maturity to the maturity of group insurance for which the labor-management council had already subscribed for the existing group insurance for 2004, and then paid 10,000 won per month for its employees. If the employer subscribed to group insurance for all employees under the collective agreement and paid 10,000 won per month in full, it cannot be said that it is not the subject of work even if it is not actually paid to the direct employees, but its payment is not immediately effective. According to the above acknowledged facts, group insurance premium is paid in large amount regardless of actual work performance, and it constitutes a fixed wage paid periodically and constitutes a basis for calculating the average wage, and it is reasonable to view it is included in the total wage as a basis for calculating the average wage.

(vii) gift expenses;

In full view of the purport of arguments in Gap evidence 4, Eul evidence 9-1 through 4, Eul evidence 7-5 through 14, the defendant company's annual futures price of 200,000 won at the labor-management council in January 4, 2002, which was before the separation from Mandon Corporation, shall be 100,000 won per half of the year, and the amount of futures payment shall be 10,000 won per half of the year, in addition to the gifts allocated at the time of two regular gifts payment per year in the selection and payment of gifts, the excess amount of gifts shall be 10,000 won per annum, and since the defendant company presented several items around New Year's Day and New Year's Year's Year's Year's Year's Year's Year's Day, and then the amount exceeding 100,000 won of gifts exceeds average wages of the worker concerned, the amount of gifts payment shall be included in the total wages of 00,000 won per annum, regardless of the labor-management's obligation to pay.

8) Date-of-date subsidies

In full view of the purport of the argument in Gap evidence No. 5, the labor-management council in April 2004 agreed to increase the date-of-date subsidy from 20,000 to 30,000 won which the defendant company provided to its employees. Since then, it is recognized that the defendant company has paid 30,000 won to its employees' living days through labor-management consultation, the amount of the date-of-date subsidy is cancelled the obligation to pay to the defendant company through the labor-management consultation, and it is deemed as wages as it has the nature of the consideration for labor. Since the right of cultural products amounting to 30,000 won on all workers' living days regardless of actual work performance is paid, it constitutes a fixed wage under the law that is regularly and uniformly paid, and it is reasonable to view that it is included in the total wage that is the basis for calculating the average wage.

9) meeting ceremony expenses and meeting competition expenses;

A) The plaintiffs' assertion

In the third quarter of 1994, the labor-management council agreed to raise the meeting ceremony to KRW 10,000, and regardless of whether or not the council of the April 4, 1994 agreed to pay the meeting rally expenses to KRW 20,000 per capita, the meeting ceremony and the meeting rally expenses to the plaintiffs have been paid to the plaintiffs, so all the meeting ceremony and the meeting rally expenses to be included in the total wage, which is the basis for the calculation of ordinary wages or average wages, shall be included in the total wage.

B) Determination

In full view of the purport of the argument in Gap evidence No. 3, the defendant company agreed to increase the meeting ceremony to 10,000 won at the labor-management council in March 4, 1994. It is acknowledged that the labor-management council in April 1994 agreed to pay 20,000 won per capita for the meeting ceremony expenses, but it is paid in the manner of cash or designated account according to the number of persons of the corresponding group to which the plaintiffs belong, and now, it is paid in the form of the corporate card. In light of the fact that the meeting hall and department group competition expenses are paid in the form of the corporate card, it is reasonable to view that the defendant company paid the meeting hall and department group group meeting expenses to the plaintiffs as compensation for work, rather than to pay them to the plaintiffs. Therefore, this part of the plaintiffs' assertion is without merit.

B. Calculation of unpaid statutory allowances

1) Determination of property at an ordinary rate;

The fact that each ordinary ordinary wage of the plaintiffs is an amount stated in the "ordinary ordinary wage company" in the "Calculation Table of the Statutory Allowance Difference Calculation Table" in the attached Form (3) is not a dispute between the parties. The fact that each ordinary wage of the plaintiffs, calculated without reflecting the New Year's bonus, the next day bonus, Kim Mu, Kim Jong-strawer's bonus, individual pension premium, organization premium, gift expense, and date-of-date subsidy, is an amount stated in the "ordinary wage disposal" of the same Table. Therefore, each ordinary wage of the plaintiffs, calculated by adding each plaintiffs' opinion, drilling bonus, the next day-to-day bonus, the next day-to-day bonus, the next day-to-day bonus, the individual pension premium, the organization premium, the gift expense, and the amount of a monthly

2) Extension work hours, holiday work hours, etc.

The Plaintiffs’ monthly overtime working hours, holiday work hours, etc., which are the basis for calculating statutory allowances, are the hours indicated in the “parking allowance” calculation sheet for the calculation of the difference in statutory allowances under attached Table 3, “daily work allowance”, “day work allowance”, “day work allowance”, and “time suspension allowance” as the “time” of the Plaintiffs’ respective statutory allowances, such as root allowances, are not disputed between the

3) Unpaid statutory allowances

When calculating statutory allowances, such as monthly root allowances, to be received by the plaintiffs according to the aforementioned formula of statutory allowances of the defendant company recognized as the basis of each ordinary wage of the plaintiffs based on the above ordinary wage of the plaintiffs, the amount stated in the "parking allowance" in the attached Table (3), "annual leave allowance", "daily leave work allowance", "regular leave allowance", and "temporary leave allowance" in the "property schedule" in the attached Table for calculation of the difference in statutory allowances of the plaintiffs. Meanwhile, the plaintiffs are those who received each amount indicated in the "parking allowance", "daily leave allowance", "daily leave work allowance", "regular leave allowance", "regular leave allowance", and "regular leave allowance" under the same Table as legal allowances. Accordingly, the legal allowances to be additionally paid by the plaintiffs are the sum stated in the "property price" column of each monthly leave allowance of the same Table, which is the amount obtained by deducting the "regular payment" of each monthly leave allowance from July 207 to October 2010. Accordingly, the sum of the amount in the attached Table 3 shall be the sum.

(c) Calculation of accrued retirement allowances;

1) Redetermination of average wages

In calculating the retirement allowance of the defendant company in accordance with the collective agreement, etc. of this case, the fact that the amount included in the basic pay, function skilled allowance, bonus, gift, and annual allowance in the attached Form (4) item (a) of the retirement allowance calculation table in the calculation table of the average wage does not conflict with the parties. The amount included in the total wage that forms the basis for calculating the average wage of the defendant company paid by the defendant company to the plaintiffs is included in the individual pension fund, group insurance premium, gift, and date-day subsidy paid by the defendant company to the plaintiffs 4 and 54. However, as seen earlier, as seen in the above, the amount of the average wage of the plaintiff 4 and the plaintiff 54 (hereinafter referred to as "property average wage") calculated by including the amount of the statutory allowance calculated according to the ordinary wage of the plaintiff 54 (hereinafter referred to as "property average wage") including the amount of the average wage calculated in the calculation of the average wage.

(ii) the date of retirement and the continuous service period;

The retirement date of Plaintiff 4 and 54 and the retirement date of Plaintiff 54 are the date following the last day indicated in the column of “period” in attached Form (4) of the retirement allowance difference calculation table, and each of the above plaintiffs’ continuous service period is the same as that indicated in attached Form (4) of the retirement allowance difference calculation table in attached Form (3). There is no dispute

(iii) unpaid retirement pay;

If the retirement allowance to be paid by the plaintiff 4 and 54 and the plaintiff 4 are calculated in accordance with the retirement allowance calculation method of the defendant company's company's company's average wage, the "retirement allowance" in attached Form (4) is stated in the "retirement allowance calculation table" in paragraph (c) of the "retirement allowance". The plaintiff 4 and the plaintiff 54 are those who received the money stated in attached Form (4) (d) "Retirement allowance" in the "Retirement allowance calculation table from the defendant company as retirement allowance" in attached Form (4). Thus, the retirement allowance to be paid additionally by the plaintiff 4 and 54 and the plaintiff 54 are each monetary amount stated in

D. Sub-committee

Therefore, with respect to the plaintiffs except for plaintiffs 2, 102, 263 and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 18, 2011 to the date of full payment, the defendant company is obligated to pay damages for delay at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings with respect to each of the above amounts with respect to the above amounts with respect to the plaintiffs except for plaintiffs 2, 102, 263 from February 18, 2011 to September 23, 2011.

4. Conclusion

Therefore, the claims of plaintiffs 2, 102, and 263 are accepted on the grounds that they are reasonable, and the remaining claims of plaintiffs 2, 102, and 263 except for plaintiffs 2, 102, and 263 are justified within the above scope of recognition, and they are dismissed on the ground that the remaining claims are without merit.

[Attachment]

Judges Song Jae-gu (Presiding Judge)

1) According to the instant collective agreement, etc., the method of calculating the ordinary wage of the Defendant Company is “(basic pay + job allowance + work allowance + work allowance + work allowance + qualification allowance + work allowance + work experience allowance + work experience allowance + work experience allowance + work experience allowance + work experience allowance + work experience allowance + work experience allowance + ＋ work experience allowance + /240 hours)”.

Note 2) The “legal allowance for personal use” in the attached Form (2) claim and the attached Form (2) shall be the sum of the retirement allowances indicated in the statutory allowance, the attached Form (2), and the “personal amount of retirement allowance” in the attached Form (2). The Plaintiffs who filed a claim for part of the unpaid statutory allowance and retirement allowance shall be governed by the said Plaintiffs’ claim.