1. The defendant's appeal is all dismissed.

2. The defendant bears the costs of appeal.

Purport of claim and appeal

1.

1. The grounds cited by the Defendant in the judgment of the court of first instance, which the Defendant asserted in this court, are not significantly different from those already asserted in the court of first instance.

Therefore, the reasoning of this court regarding the instant case is as stated in the reasoning of the judgment of the first instance, except for the following specifications, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.In four pages of the parts to be cut off, the phrase “Articles 3 through 6” shall be read as “Articles 3 through 6, and 20 shall be added as follows between four pages and four. When a daily class member is absent, the salary of the date of absence shall not be paid, and the time of absence and early retirement shall be reflected in the calculation of the benefits.

3-2 of the grounds for the judgment of the first instance

C. 1) The part (1) of this paragraph (1) (the part from 13, 18, 14, and 14) shall be revised as follows. (1) In a case where it is difficult to determine the amount of monthly ordinary wage because the monthly wage paid to the ordinary ordinary ordinary ordinary workers includes the wage for paid holidays as stipulated in Article 55 of the Labor Standards Act, which cannot be viewed as ordinary wage, the ordinary wage is calculated by dividing the monthly wage by the total number of working hours the monthly wage, which includes the part having the nature of the wage for paid holidays, by deeming the worker to have worked on such paid holidays, and by adding it to the contractual work hours, it is inevitable to calculate the hourly ordinary wage.

(see, e.g., Supreme Court Decision 97Da28421, Apr. 24, 1998). Such a legal doctrine applies likewise to cases where a monthly wage paid to an employee includes wages for paid holidays pursuant to an employment contract or rules of employment.

Therefore, the hours included in the total working hours are not limited to the hours of paid work under the Labor Standards Act, etc., and are paid by employment contracts or rules of employment.