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(영문) 의정부지방법원고양지원 2015.11.06 2013가합52899
퇴직금 청구의 소
Text

1. The defendant stated to the plaintiffs the amount of retirement allowance paid by the plaintiff according to the annexed Form 1 in the "amount of discount (A-B)" column.

Reasons

1. Basic facts

A. The Defendant is a local public enterprise established by the relevant municipal ordinances of the Local Public Enterprises Act and the K Si, which is in charge of the management of public parking lots, the management of facilities, and cleaning within the jurisdiction of the K City

B. The rest of the plaintiffs except the plaintiff G was originally employed by the street cleaners belonging to the original Si of K, and the plaintiff G retired from K on July 31, 2001 and entered the defendant on July 18, 2002 due to the entrustment of cleaning duties to the defendant.

C. On July 2001, K Si and the Defendant prepared a written agreement under the entrustment of the cleaning business facility management corporation (hereinafter “instant agreement”) around July 2001 with L, a street cleaners’s representative, such as street cleaners, at the time of entrusting cleaning business to the Defendant. The relevant contents of the instant agreement are as follows.

In relation to the entrustment of cleaning duties to the defendant in accordance with the second stage restructuring plan of local governments, K Shi and the representatives of workers shall, after consultation several times, agree on the adjustment of the employment of street cleaners and prepare an agreement therefor as follows:

3. In principle, the defendant, who is a commissioning company, shall ensure that the working conditions of the street cleaners who succeed to employment, should not be lowered than those of the K market;

4. Wages in matters concerning the working conditions in the defendant shall be paid according to the annual guidelines for compilation of budget for street cleanerss of the Ministry of the Interior, except for retirement allowances;

8. For street cleaners to be succeeded to employment, the retirement age shall be set up by the age of 60, and the retirement age of street cleaners employed after August 1, 2001 shall be set at 57, and other matters after the succession of employment shall be set by the defendant.

9. agree not to raise any objection against the succession to employment and terms and conditions of employment in the future.

The plaintiffs' working conditions have been determined by collective agreements and rules of employment concluded between the Gyeonggi-do regional trade union to which the plaintiffs belong and the defendant.

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