임금및퇴직금
1. The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant is against the plaintiff.
1. Basic facts
A. The Defendant is an employer who is a public corporation established with the aim of contributing to improving the health of workers engaged in industrial accidents and promoting their welfare by implementing various projects under the provisions of the Industrial Accident Compensation Insurance Act, etc., and the Plaintiff is an employee who was employed by the Defendant on May 1, 1995 and was on duty before December 31, 2012.
B. In addition to the basic monthly pay, the Defendant paid (regular) bonus, long-term continuous service allowance (including additional charges for long-term continuous service), meal service allowance, transportation subsidy, job class allowance, job performance expense, and job performance expenses (hereinafter “each of the above allowances”) to the Plaintiff, as well as customized welfare points (hereinafter “instant welfare points”).
However, the Defendant calculated the hourly ordinary wage by including only the basic wage in the ordinary wage on the premise that each of the instant allowances and welfare points in the instant case do not constitute the ordinary wage, and calculated and paid overtime work allowances to the Plaintiff.
C. The relevant provisions of this case are as stated in the attached Table 1, and overtime work allowances shall be calculated in accordance with the same formula as (monthly ordinary wages x 1.5/209 x number of hours).
Plaintiff
On December 17, 2012, the labor union and the Defendant concluded a collective agreement (hereinafter “instant collective agreement”) with an increase of 3.9% (including salary increase) of wages in 2012.20.
E. In the case of recognizing the ordinary wage of each of the instant allowances, including the part applied retroactively under the instant collective agreement (excluding the part completed by the extinctive prescription pursuant to Paragraph (a) below), the case where the ordinary wage of each of the instant allowances is recognized, with the exception of the part applied retroactively by the instant collective agreement, the Defendant’s unpaid wages of KRW 9,939,710 in total, including overtime work allowances of KRW 4,684,680 in total, retirement allowances of KRW 5,25,030 in total, and KRW 5,255,030 in retirement allowances of KRW 4.4