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(영문) 청주지방법원제천지원 2017.11.15 2016가단3122
퇴직금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "official fees" corresponding to the plaintiff in the attached retirement allowance calculation sheet.

Reasons

1. Basic facts

A. The plaintiffs are employed by the defendant and work as street cleaners or office building managers.

A retired person is a worker who was a member of the Public Service Trade Union (hereinafter referred to as the “instant trade union”) during his/her service.

B. On April 3, 2013, the instant trade union concluded a collective agreement with the Defendant.

(hereinafter “instant collective agreement”). Of the contents of the instant collective agreement, the part relating to the issues of the instant case is as follows.

Article 2 of the Collective Agreement shall take precedence over the Labor Standards Act, the provisions of local governments and other individual labor contracts, and any matter which falls short of or is contrary to the collective agreement standards shall be null and void, and the part shall comply with the collective agreement standards.

Article 32 (Definition and Composition of Wages) (1) The term "wages" means all money and valuables paid to members for the consideration of labor force, and the composition thereof shall be as follows:

1. Basic pay:

2. Various allowances;

3. Bonuses; and

4. Other money and valuables paid temporarily. (2) Definition and calculation of ordinary wages and average wages shall be governed by the Labor Standards Act.

1. Ordinary wages shall be the basic salary, the fixed meal cost, the traffic subsidies, the danger allowances, the end allowances, the fixed attendance allowances, and the holiday expenses;

Article 42 (1) Where a member retires for at least one year, the Si shall pay an average wage of 30 days for each year of continuous service, and a person who has served for at least five years shall pay a retirement allowance in addition to 50 percent.

C. On May 22, 2015, the instant trade union entered into an agreement with the Defendant on the wage for public workers (commercial workers) (hereinafter “first wage agreement”) and the wage agreement for public workers (environmental workers) (hereinafter “second wage agreement”) respectively.

Of the contents of the wage agreements, the issues of this case are as follows:

Article 2 (Scope of Application) The Convention on the Wages of Public Service Workers, Article 2 (Scope of Application) shall apply to the astronomical Construction Workers' Union Members.

Article 3 (Composition of Wages) (1)

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