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1. The Defendant’s KRW 27,834,258 as well as 5% per annum from September 3, 2011 to March 20, 2013 as to the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company with the purpose of bus passenger transport business, and the plaintiff has served as a driver for 4,205 days from March 9, 1997 to September 12, 2008.
B. Article 44 of the collective agreement concluded with the Defendant’s trade union on February 1, 2007 (hereinafter “instant collective agreement”) provides for the payment of workers’ retirement allowances as follows.
A company shall pay the retired employee for 30 days' ordinary wages as a retirement allowance 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.
C. From January 4, 2008, the Defendant entered into a wage agreement to determine daily allowances for the pertinent year with the first trade union every year. According to the wage agreement that was concluded between the Defendant and the Defendant’s trade union on January 4, 2008 and applied as of October 1, 2007, the daily amount of working allowances (basic pay extension allowances) for driving workers in 2007 is KRW 76,485, and continuous service allowances are KRW 14,00 per year for continuous service (the Plaintiff’s continuous service allowances at the time of retirement are KRW 154,00 per month), and the working allowances are KRW 4,349 per day.
The defendant paid monthly pay to one worker the basic salary, continuous service allowance, weekly leave allowance, overtime allowance, work on board allowance, overtime allowance, etc. as the monthly salary.
E. In addition, the Defendant paid daily expenses to drivers on the day of their attendance in cash for the expenses required for their working on board, such as heavy food, tobacco value, locker, drinking water, etc., and the daily expenses paid at the time of the Plaintiff’s retirement are 18,000 won.
F. Meanwhile, on July 30, 1997, the Defendant entered into an agreement with the trade union on the payment of overtime allowance with the following contents, and accordingly, paid 2,000 won per day to all drivers of overtime work.