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(영문) 서울중앙지방법원 2020.08.13 2019가합547523

미지급 수당 등 청구의 소

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant is a company established under the Special Act on the Assistance to the Development of Abandoned Mine Areas, which was established for the purpose of promoting the economy of the abandoned mine areas with the aim of promoting balanced regional development and improving the living standard of residents, and is engaged in casino business, tourist hotel business, sports facility business, etc. 2) the Plaintiffs are or were employees of the Defendant.

B. The provisions relevant to the Defendant’s wage regulations, such as the Defendant’s wage regulations, the enforcement rules of the wage regulations, the bonus payment guidelines, the annual salary system payment rules, the enforcement rules of the annual salary system, the non-regular employees regulations, and the instant case are as follows.

Article 4 (Kinds of Assistances) The kinds of salaries of employees shall be as follows:

1. Basic pay:

2. The various allowances;

3. Piece rates;

4. Retirement benefits: (1) Piece rates shall be classified into performance rates and performance rates based on internal evaluation and management evaluation;

(2) The internal-evaluation performance bonus shall be paid 200% of the basic salary.

(4) The timing and criteria for payment of piece rates are indicated separately by the president as “in accordance with the relevant benefit regulations,” but are deemed as a simple clerical error.

Article 24 (Payment) (1) The retirement allowance of an employee shall be the amount calculated by multiplying the number of years of continuous service by the average wages of thirty days for each year of continuous service.

Article 25 (Calculation of Average Wages) The average wage as a basis for the calculation of a retirement allowance shall be the total amount of the following amounts:

1. The amount calculated by multiplying the total amount of basic wages and various allowances (excluding annual leave allowances) paid during the three preceding months from the date immediately preceding the retirement by 30 days divided by the total number of days in the relevant period;

2. The amount (attached Table 3) restricted to 12 by aggregating the piece rates (excluding piece rates (excluding management evaluation) and annual allowances paid within one year after the date of retirement from the date of retirement, and the amount (attached Table 3) calculated by adding up the statutory allowances for the overtime work hours under the payment standard for the overtime work hours / the ordinary monthly wage in 209/209 x 0.5 night work hours / the ordinary monthly wage in 209 per hour;