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 company with the objective of bus passenger transport business, and the Plaintiff was employed by the Defendant on November 25, 2006 and served as the Defendant’s driver until January 31, 201 (hereinafter “instant retirement”).

B. Article 44 of the collective agreement (hereinafter “instant collective agreement”) that the Defendant entering into a collective agreement with the labor union on January 7, 2008 and effective as of February 1, 2007 (hereinafter “instant collective agreement”) provides for the payment of retirement allowances to workers as follows.

Article 44 (Retirement Allowances) Company shall pay retirement allowances for 30 days of ordinary wages to retired employees as retirement allowances for one year.

The ordinary wage shall be the daily wage amount.

For a person with continuous service for five years in full, the company shall pay 25 days in addition to a retirement allowance, and for a person with continuous service for five years or more, five days in addition to a retirement allowance every year.

Persons in continuous service for less than one year shall be excepted.

C. From 201 to 201, the Defendant entered into a wage agreement with the first trade union as follows to determine the daily amount for the pertinent year. The amount of a daily wage for driving workers under the wage agreement at the time of retirement of the instant case is KRW 79,161, and the annual bonus is to be paid in four installments a year, and the annual bonus is to be paid in 13,446 won (=79,161 x 62 days ± 62 days ± 365 days, and hereinafter the same shall apply).

) The continuous service allowances are 15,000 won per year for each continuous service period (the plaintiff's continuous service allowances at the time of retirement are 60,000 won per month.

The allowance for working on board is 4,500 won per day. However, according to the wage agreement, annual bonus is paid only to a person who has worked for at least nine days on the 18th day of each month. 2) The Defendant entered into an agreement with the labor union on the daily allowance of the crew to pay the daily allowance to the drivers working on the day as expenses incurred in the working on board, such as food, tobacco value, locker, drinking water, etc., and other expenses incurred in the working on the day.