임금
1. The remainder of the judgment of the court of first instance, excluding the dismissed part of the lawsuit finalized by a judgment of remand.
1. The Plaintiff (Appointed Party) and the appointed party B (hereinafter “Plaintiffs, etc.”) filed an appeal against the Defendant after requesting the Defendant to pay annual and monthly allowances, overtime allowances, and retirement allowances, but the first instance court dismissed the entire claim. The first instance court prior to the remand dismissed the part requesting retirement allowances among the lawsuits filed by the Plaintiff, etc., and accepted the annual and monthly allowances and the claim for overtime allowances.
As to the judgment of the court prior to the remanding case, only the defendant appealed against the part against the defendant, and the Supreme Court reversed the judgment prior to the remanding case, the subject of the judgment of the court prior to the remanding case is limited to the claim for annual and monthly allowance and overtime
2. Basic facts
A. On June 7, 2004, the Defendant (the Defendant, who was divided into two Koreas, was established as the Madidine Korea Limited Liability Company, and the trade name was changed to the Defendant on December 23, 2009, and thereafter, was changed to the Defendant on August 20, 2010. hereinafter the Defendant was changed to the organization on August 20, 2010.) is a company engaging in the manufacture and sale of automobile parts. The Plaintiff et al., who was employed by the Defendant as a management employee on May 26, 1993, was retired on March 31, 2010.
B. On October 8, 2010, the Defendant paid wages to the production workers belonging to the Defendant, in accordance with the collective agreement concluded between the Korean Metal Trade Union (hereinafter “instant collective agreement”) to which the production workers belonging belongs and the Defendant’s bonus payment rules. The main contents of the instant collective agreement and bonus payment rules are as follows.
1) Article 36 of the instant collective agreement (wages)
4. The standard amount of ordinary wages shall be the total amount of the allowances as referred to in the following subparagraphs:
1) Work allowances 2) Work allowances 3) Work allowances 4) Work allowances 5) Qualification allowances 6) Work allowances 7) Work allowances 8) Self-Development Allowances 9.