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(영문) 서울중앙지방법원 2016.11.04 2016가합510131

임금

Text

1. The defendant has stated the plaintiffs' amount of claim in attached Form 2 and the "amount of tolerance" in attached Form 2, respectively, and each of them.

Reasons

Basic Facts

The defendant is a corporation that provides health insurance services under the National Health Insurance Act and long-term care services under the Long-Term Care Insurance Act, and the plaintiffs are employees of Grade III or lower working for the defendant corporation.

The Defendant’s wage system consists of basic pay and bonus, life-saving expenses, and other allowances. Among them, the bonus (hereinafter “instant bonus”) was paid at 15% of the basic salary as of the date of payment of bonus as of March, June, September, and December every year.

Meanwhile, the Defendant: (a) entrusted the Company A with the assignment of basic welfare points (710 points in the year 2013; 520 points in the year 2014; 520 points in the year 2015; hereinafter “basic welfare points in the instant case”); (b) continuous service points (3 points in the year of service training; 90 points in the case of both spouse and children); and (c) family points (the spouse and children are all entitled to payment; and (d) up to two family members are recognized. The Defendant operated a customized welfare system that allows the spouse to allocate welfare points to the employees of class 3 or lower in the instant case, including 20 points in the case of 2013; and 10 points in the case of the other family members) and to use them as means of payment for purchasing certain goods or services from online and offline.

In the revised remuneration regulations in 2009, the Defendant: (a) stipulated that the basic salary, treatment allowances, special duties allowances, long-term service allowances, and food expenses shall be included in ordinary wages in accordance with the guidelines for the payment of overtime work allowances implemented from January 1, 2010 pursuant to delegation provisions that the president separately determines the details of the ordinary wages that serve as the basis for overtime work and night work allowances; and (b) calculated the hourly ordinary wages by using the monthly minimum work hours as 209 hours; and (c) paid overtime work allowances calculated according to the following payment standards based on the hourly ordinary wages calculated as above.

Standard for classification payment x ordinary wage x 1.5/209 x working hours.