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(영문) 대법원 2016.01.28 2015다4085

임금

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All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court determined that: (a) CCTV allowances that uniformly pay the amount calculated as KRW 5,000 per day according to the number of working days, and (b) the food expenses and daily expenses that uniformly paid to all drivers who provided labor (unused food was paid by converting the amount of money into cash at the end of the month) constituted ordinary wages, regardless of the actual work performance, all of the fixed wages that have been paid regularly and uniformly.

In light of the relevant legal principles and records, the above determination by the court below is just, and there were no errors by misapprehending the legal principles on the scope of ordinary wages.

2. As to the ground of appeal No. 2, according to the reasoning of the judgment below, the court below acknowledged the fact that, based on the adopted evidence, the collective agreement of this case and the wage agreement of this case as stated in the judgment below, 310% per annum shall be paid in equal installments once a year with respect to bonuses, and the average wage calculation, which forms the basis for the calculation of bonuses, shall be the amount calculated by dividing the total amount of salaries for three months each quarter and the amount including various allowances by three months, and the "total amount of salaries and various allowances" under the above provision, shall include the difference between the respective allowances of this case, including continuous service allowances, work on board, food expenses, daily expenses, and CCTV allowances, in addition to the monthly salary actually received by the plaintiffs, and further, the bonuses, etc. calculated including the allowances of this case, which were determined as well as the fixed allowances,

In light of the relevant legal principles and records, the above determination by the court below is just, and there is no error by misapprehending the legal principles on the calculation of bonuses.

3. Therefore, all appeals are 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.