The method of calculating retirement allowances for the amount of miscellaneous work performed by a person who retired while serving as a miscellaneous employee of the Si and served as an employee on the following day;

In cases where the plaintiff retired from office while serving as a Si's miscellaneous position from January 1, 1955 to December 31, 1975, and was appointed as a Si's employee from January 1, 1976 on the following day, and retired from office, the retirement allowance for the miscellaneous portion shall be based on the average wage as at the date of retirement from office.

Article 28 of the Labor Standards Act

Supreme Court Decision 78Da425 Decided June 27, 1978, 78Da425 Decided September 9, 1980, 80Da1328 Decided June 27, 197

[Judgment of the court below]

Mapo-si

Gwangju High Court Decision 198Na517 delivered on September 18, 1980

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

According to the reasoning of the judgment, the plaintiff is obligated to pay retirement allowances for 21 years from January 1, 1955 to December 31, 1975 under the Labor Standards Act to the worker of the defendant city who was employed as the worker of the defendant city and retired from office from office and worked as the worker of the defendant city from January 1, 1976 to May 16, 1978, and was paid a pension under the Public Officials Pension Act for the amount of retirement allowances from January 1, 1976 to May 16, 1978, but the above amount of retirement allowances under the Public Officials Pension Act for the period from January 1, 195 to December 31, 1975. The court below determined that the amount of retirement allowances for the period under Articles 28 and 19 of the Labor Standards Act for the plaintiff who retired from office as the worker of the above rank was the total amount of retirement allowances for 30 years prior to 130 days prior to 1975 and the amount of retirement allowances for 1330 days prior to 19.

However, the plaintiff was paid a pension under the Public Officials Pension Act for the portion of service between January 1, 1955 and December 31, 1975 when he retired from office and was newly appointed as an employee of the defendant city for 21 years from the date of his retirement. The plaintiff was paid a retirement allowance for the portion of service from January 1, 1976 to May 16, 1978. The plaintiff sought the payment of a retirement allowance for the above 21 year, barring special circumstances, it was just in the misapprehension of the legal principles as to the retirement allowance for the above 19th month from the date of his retirement as of December 31, 1975, and the average wage should be based on the plaintiff's total wage for 3/190 before February 31, 1975 as of the date of his retirement, and it cannot be calculated as of February 16, 1978 or as of May 16, 1978.

Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Hong-chul (Presiding Justice)