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(영문) 대구지방법원 2019.11.01 2016가단133390

임금

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Chief;

A. The plaintiffs' assertion 1) The parties' status is calculated by multiplying the standard wage (basic pay work allowance, work allowance, and household subsidy, and regular work allowance) by the rate of the number of actual work days for six months, and then by multiplying the standard wage by the rate of payment determined according to the number of years of service, and then calculated by the amount calculated by multiplying the standard wage (basic pay, work allowance, special work allowance, household subsidy, and traffic subsidy) by the number of actual work days for six months, and the plaintiff paid each amount in July 1 and 2000, respectively.

3. Meanwhile, the Plaintiffs had a claim for the payment of the fixed-term allowance when their work from July to December of the year in which they retired was practically terminated, but the Defendant did not pay the fixed-term allowance for their work during the said period.

Therefore, the defendant is obligated to pay the above-paid allowances and damages for delay calculated at the rate of 20% per annum under Article 17 of the Enforcement Decree of the Labor Standards Act from the day following the 14th day after the plaintiffs' retirement date to the day of full payment.

B. The Defendant’s alleged good attendance allowance is an allowance paid for the preceding six months only to those who hold office in January and July of each year, and the Plaintiffs are not eligible for the payment of good attendance allowance, since the employment relationship was terminated in the following year after their retirement.

2. According to the purport of each of the statements and the whole pleadings as to Gap evidence Nos. 1 to 4, the defendant is in service in January of the pertinent year.