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(영문) 서울고등법원 2016.01.15 2015나2016215

임금

Text

1. Of the judgment of the court of first instance, the Plaintiff (appointed) and the remainder of the money that orders payment below.

Reasons

1. In the first instance court, the Plaintiffs sought payment of overtime work allowances on the premise that the instant bonus, life-sustaining cost, and welfare points constitute ordinary wages. However, the first instance court dismissed the Plaintiffs’ claim on the ground that all of them are not recognized as ordinary wages.

Therefore, the Plaintiffs appealed only to the bonus in this case, welfare points, and overtime work allowances calculated in addition to ordinary wages, and the scope of the trial on the party’s basis is limited to the bonus in this case and welfare points.

2. The reasoning for the court’s explanation on this part of the facts of recognition is that, except for the removal of “the full amount shall be paid to the person to whom the payment is made” as “the person to whom the payment is made”, and “the full amount shall be paid to the person to whom the payment is made” as “the person to whom the payment is to be made” as “the person to whom the payment is to be made” as “the person to whom the payment is to be made.” As such, it

3. Determination on ordinary wages

A. 1) The Plaintiffs’ assertion 1) Although the bonus and welfare points in the instant case constitute ordinary wages that are regularly, uniformly, and fixedly paid, the Defendant paid overtime work allowance to the Plaintiffs based on ordinary wages excluding this. Therefore, as the instant bonus and welfare points were omitted in the payment of overtime work allowance calculated on the basis of ordinary wages calculated by aggregating the instant bonus and welfare points (5% of the basic salary converted into the monthly payment rate + monthly welfare points (basic, continuous service, and family points) plus the monthly payment, the Defendant shall pay the amount of overtime work allowance omitted to the Plaintiffs. 2) Defendant (i) there is no rate of payment for the instant bonus to the persons who are less than one month, and there is additional condition that the instant bonus should be paid for a certain number of working days (not less than one month per entry month) in addition to the provision of labor in order to pay some bonuses.