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(영문) 부산고등법원(창원) 2016.02.04 2015나21908

임금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall enter in the annexed Form 2’s “amount of award by plaintiff.”

Reasons

1. Basic facts

A. The status of the parties is a company aimed at designing, developing, manufacturing, and selling construction equipment, other related equipment, and accessories related to the above products, and the plaintiffs are the employees of the defendant.

B. Working hours of the Plaintiffs in their working hours and forms of work are eight hours per day, forty hours per week, 40 hours per week, and the forms of work are classified into ordinary work (day work) and alternate work, etc., and ordinary work is from 07:00 to 16:00, and night work is from 22:00 to 06:00 of the following day.

C. The Defendant’s salary system has two kinds of pay system and annual salary system. 2) Pursuant to the collective agreement and bonus regulations, the Defendant paid a Si-level worker an annual bonus standard amount of 880% of the annual bonus standard (work-based continuous service allowance, production-based continuous service allowance, and basic continuous service allowance) to a Si-level worker as bonus (hereinafter “Si-level bonus”), 120% of the bonus paid to a Si-level worker as bonus on the 10th of the relevant month, on the 4, 6, and 120% of the bonus, respectively, on the 10th of December, and on the 20th of the relevant day, on the 20th of the relevant day, on the 3th of the relevant day, the 120% of the bonus, on the 120th of the relevant day, on the 3th of the relevant day, and the Defendant did not pay the bonus to a retired worker before the payment date.

3) The Defendant paid an annual salary system worker an amount equivalent to 880% of the base amount of bonus (an amount equivalent to 40% of the monthly basic salary) as a bonus, and paid the said bonus in equal shares each month (hereinafter referred to as “annual salary system bonus”).

The Defendant paid a daily bonus to retired workers on the basis of the number of working days.

From July 1, 1995, the defendant paid the defendant's personal pension subsidy to his employees, including the plaintiffs, in accordance with the collective agreement and related regulations, 1/2 of the monthly pension premium.