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(영문) 서울중앙지방법원 2015.05.28 2014가합29

성과급

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a local public enterprise under the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Local Public Enterprises Act and the Seoul Special Metropolitan City EsP Corporation, and the plaintiffs are employees belonging to the defendant.

[Supplementary Provisions] The types of allowances paid in the construction work under Article 14 (Kinds of Allowances) are as follows:

7. Matters necessary for the payment of allowances under the subparagraphs of paragraph (1) shall be as shown in the attached Table 3.

Attached Table 3

7. Bonuses and basic bonus for bonus: 400% of basic salary - An institutional performance-based bonus: The payment rate determined by the Mayor of Seoul Special Metropolitan City - The detailed matters concerning the payment of the payment rate determined by the degree of self work performance rating shall be determined by internal rules;

The criteria for the payment of allowances under Article 14 of the Regulations on the Standards for Payment of Allowances (Rules on Remuneration) shall be as follows:

6. Bonuses allowance;

(c)The bonus allowance shall be paid 100% of the basic salary by dividing it into four occasions a year (two months, four months, six months, and eight months), and the institutional bonus shall be paid in October and December in accordance with the rate of payment determined by the Seoul Special Metropolitan City Mayor, on condition that the head of the agency may determine the time of payment separately as necessary;

[Rules on Welfare of Workers] Article 28 (Personal Performance Rating) of the Act shall be paid by multiplying the average basic wage by class by the payment rate based on the performance rating rating determined by the president.

The payment rate shall meet the payment standards for local public enterprises according to the budget compilation standards.

The level of institutional performance shall be determined by multiplying the average basic level for each class by the payment rate determined by the Ordinance of the Ministry of Government Administration and Home Affairs, by the payment rate determined by the head of Seoul Metropolitan Government.

B. Prior to December 28, 2010, the Defendant’s remuneration regulations, etc. related to the instant piece rate rates were as follows.

(3) The employee incentives performance rate (A) individual incentives payment period: performance rating 50 per cent (50 per cent below 80 per cent below 125 per cent below 20 per cent of the personnel ratio of 20 per cent 30 per cent 40 per cent of the amount assessed in February of the following year.

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