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(영문) 대전고등법원 2015.08.26 2011나4863
임금 등
Text

1. Of the judgment of the first instance court, the statutory allowances for arrears finalized by the judgment of remand (Supreme Court Decision 2010Da63393 Decided August 25, 201) shall be paid.

Reasons

1. After remanding the case, the judgment before remanding the case was rendered to the court of first instance, which fully accepted the plaintiffs' claim for legal allowances in arrears and the claim for retirement allowances in arrears, and thereby dismissed the defendant's appeal. The defendant's appeal as to the claim for legal allowances in arrears was dismissed, and the Supreme Court reversed this part of the judgment before remand and remanded to the court. Accordingly, the part concerning the plaintiffs' claim for legal allowances in arrears in this case was separated and finalized by the judgment on the reversal and transmission of the above part of the Supreme Court.

Therefore, the subject of the judgment of the court shall be limited to the part of the above reversal and return, i.e. the part of the claim for retirement

2. Basic facts

A. The Plaintiffs are those who retired while serving as the Defendant’s street cleaners, and each date of his/her employment and retirement is as indicated in the “the date of his/her employment” column and “the date of his/her retirement” column in attached Table 1.

B. The Defendant concluded a collective agreement (hereinafter “instant collective agreement”) from 2005 to 2007 between the Ministry of the Interior and Safety (the former Ministry of the Interior and Safety) and the Seo-gu Daejeon Metropolitan City Cleaning Trade Union Federation of the Union Union (hereinafter “Seoul”) that notified the Defendant from 2005 to 2007, regarding the “Standards for the Compilation of Human Resources for Environmental Incubationwon” or the “Standards for the Compilation of the Compilation of the Compilation of the Budget” (hereinafter collectively referred to as the “Standards for the Compilation of the Budget”).

C. Of the instant collective agreement and the wage agreement incidental thereto, matters pertaining to the claim for retirement allowances in arrears in the instant case are as follows.

(i) Ordinary wages: basic pay, special service allowance, work encouragement allowance, household subsidy 2) all kinds of allowances other than basic pay: additional service charges, bonus, etc.; and

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