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(영문) 서울중앙지방법원 2018.10.30 2018나20643

임금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Under the premise that bonus allowances and piece rates (institutional performance allowances and self-performance allowances) constitute the Plaintiffs’ ordinary wages, the Plaintiffs filed a claim for overtime allowances, annual overtime allowances, annual allowances, and retirement allowances, i.e., unpaid overtime allowances, annual allowances, annual allowances, and retirement allowances, based on the premise that bonus allowances and piece rates constitute the Plaintiffs’ ordinary wages. The court of first instance dismissed the Plaintiffs’ claim on the grounds that bonus allowances, piece rates, claimed by the Plaintiffs do not constitute ordinary wages.

Therefore, inasmuch as the plaintiffs appealed and the court revoked the assertion on bonus allowance corresponding to ordinary wages and reduces the claims for overtime allowance, annual allowance, and retirement allowance based on the premise that only the bonus (institutional performance rate and self-performance rate) falls under ordinary wages, it is subject to the judgment of this court whether the plaintiffs' assertion falls under the ordinary wages of the bonuses (institutional performance rate and self-performance rate) and whether the plaintiffs' unpaid overtime allowance, annual allowance, and retirement allowance remain.

2. The reasoning for this part of the lower court’s reasoning is the same as that of each corresponding part of the reasoning of the first instance judgment, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The parties' assertion and judgment

A. 1 Plaintiffs’ assertion 1 Plaintiffs’ institutional performance rating and self-performance rating are newly established on January 8, 2013 and paid during the pertinent year based on the previous year’s performance. As long as they are paid in the pertinent year, not only the employees but also the employees, etc., are paid a certain amount according to the monthly calculation method as stipulated in the budget compilation standard of the Ministry of Government Administration and Home Affairs. Furthermore, this is based on the evaluation of individual labor, and thus, the nature of the fixed working hours is recognized.