1. The judgment of the first instance, including the Plaintiff-Counterclaim Defendant’s principal claim expanded by this court, is as follows.

1. Basic facts

A. The defendant is a company running taxi transport business, etc., and the plaintiff was employed as a taxi engineer from June 1, 2008 by the defendant from June 1, 2008.

B. On June 24, 2015, the Cproductive Plaintiff was dismissed on the ground that he/she reached the retirement age as of January 31, 2015, and the Defendant filed an application for unfair dismissal with the Labor Relations Commission.

The Labor Relations Commission recommended that the retirement age should be revised at 60 years of age on the ground that the Regulations on the Age of 57 (Article 22 of the Organization Convention) under the collective agreement are too short in terms of social norms (the defendant stated that the Rules of Employment amended on March 1, 2016 should be the last day of the month in which the employee's retirement age reaches 60 years of age), and issued an order to reinstate the plaintiff.

Accordingly, the Plaintiff was reinstated on October 20, 2015, and actually worked until March 31, 2016 (the period thereafter did not work actually due to occupational disease), and on January 31, 2017, filed a claim for retirement allowance and annual allowance to the Defendant.

Article 1 (Basic Policies) (1) The wage system is the fixed wage payment system and the performance-based bonus system.

(a) (a) Payment of wages to the monthly standard transport income for the calculation of the fixed monthly wage.

(B) The amount in excess of the standard transport income amount for calculating the performance-based fixed wage means the amount allocated at six-four percent (60%) by labor and management to the amount in excess of the standard transport income amount.

Provided, That if the monthly standard transport income for calculating the fixed monthly wage falls short of the fixed monthly wage, the standard transport income shall be set for calculating the daily wage corresponding to the number of working days, and if the monthly standard transport income falls short of the fixed monthly wage, the amount of excess amount by the number of working days shall be adjusted according to the allocation formula in paragraph (b).

(2) In principle, transport earnings shall be fully paid and managed within contractual work hours.

However, the standard amount of monthly and daily transportation income shall be determined for the calculation of fixed amount of wages.