1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a trade union organized by the Defendant’s employees, and the Defendant is a company that operates automobile transport business.

B. C concluded a collective agreement with the Defendant as the president of the Plaintiff’s association at the time of October 30, 2015 and January 11, 2017.

A collective agreement concluded on October 30, 2015 (hereinafter “instant primary collective agreement”) was respectively implemented from February 1, 2015 to January 11, 2017 (hereinafter “instant secondary collective agreement”). The collective agreement concluded on January 11, 2017 (hereinafter “instant secondary collective agreement”) was respectively implemented from February 1, 2017.

The provisions pertaining to each of the instant collective agreements are as follows.

Article 45 (Retirement Allowance) of the 2nd collective agreement of the 2nd collective agreement of this case shall be paid to retired employees for 30 days of ordinary wages as retirement allowance for one year.

provided that:

1. The number of months exceeding one year shall be paid by adding the amount calculated by multiplying the number of months of continuous service to the amount obtained by 12/day of ordinary wages for 30 days as a retirement allowance;

2. The ordinary wage shall be the daily wage amount;

5. A person who retires from retirement age shall be paid for 30 days in addition to a retirement allowance separately.

6. A company shall pay a retirement allowance by 30 days for a person in continuous service not exceeding five years, and a retirement allowance by 35 days for a person in continuous service for at least five years;

(Provided, That in relation to the retirement benefits of employees who retire before September 30, 2006, retirement pension plans under the Workers' Retirement Benefits Guarantee Act shall be implemented.

provided that:

1. A person who retires from retirement age shall pay an additional amount of average wages for 30 days in addition to retirement allowances;

2. The company shall pay a retirement allowance to the average wage for 35 days if a member retires before September 30, 2006.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including paper numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. The purport of the claim of this case under Article 44 of the second collective agreement of this case is to set forth in the proviso of Article 44 of the second collective agreement of this case.