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(영문) 대전지방법원홍성지원 2016.11.22 2014가단918
퇴직금
Text

1. The defendant,

A. Plaintiff B’s KRW 7,845,910 as well as 5% per annum from May 14, 2011 to November 22, 2016.

Reasons

1. Facts of recognition;

A. The defendant is a company aimed at the business of transporting motor vehicles for rural bus passengers, and the plaintiffs are employed by the defendant as a driver on the date indicated below in the "date of entry" list and work as a driver, and each retired person on the date indicated in the "date of retirement" list.

Plaintiff A (days) the number of working days (day) of the date of retirement of the date of entry (day) October 30, 200, Plaintiff A, February 21, 201, Plaintiff B, May 27, 2085, Plaintiff B, May 27, 2011, Plaintiff C, May 31, 201, May 31, 201, 201, Plaintiff C, May 4, 2014, 201,

B. A collective agreement concluded with the Defendant’s trade union on February 1, 2010 on the effective date of December 30, 2010 (hereinafter “instant collective agreement”) stipulates in relation to retirement allowances 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.

provided that:

1. The number of months exceeding one year shall be paid by adding the amount calculated by multiplying the number of months of continuous service to the amount obtained by 12/day of ordinary wages for 30 days as a retirement allowance;

2. The ordinary wage shall be the daily wage amount;

3. Where the number of working days in the last month of his/her service is 15 days or more, it shall be deemed one month;

4. A company shall accumulate a retirement allowance;

5. A person who has retired from retirement shall pay 30 days in addition to a retirement allowance by adding it to a separate retirement allowance.

6. A company shall pay 25 days’ additional to a retirement allowance for a person with continuous service for a maximum of five years, and a person with continuous service for at least five years shall pay five days’ additional payment to a retirement allowance every year.

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

8. From October 1, 2006, the retirement benefits system shall not apply to new employees, and on October 1, 2006, those employed before October 1, 2006 (the foregoing paragraph 6) are as the current (the foregoing paragraph 6).

C. Relevant contents of the wage agreement concluded between the defendant and the trade union are as follows.

The terms of this Agreement, between February 1, 201 and January 31, 201, shall be limited to those who hold office as of the date of agreement, as of the date of conclusion (agreement date) and the date of application (agreement date) and the date of application (agreement date) and December 31, 2010.

On January 30, 2012, the Wage Agreement from February 1, 2011 to January 2012.

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