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(영문) 대법원 2019.04.03 2015다245794

임금

Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal on bonuses and cash handling allowances, the lower court determined that, based on the facts stated in its reasoning, the bonuses and cash handling allowances paid by the Defendant to the Plaintiffs are regularly and uniformly paid as remuneration for contractual work, and the employee’s provision of contractual work on a voluntary day is expected to be paid as a matter of course without relation to whether the additional conditions are met, and thus, constitutes ordinary wages.

Furthermore, the lower court rejected the Defendant’s assertion that the instant rules of employment, which was enforced from July 1, 2005, did not apply to the employees working at the instant business establishment, and that the Defendant’s payment of the remainder after deducting the shortage of the amount received, was merely for the convenience of calculation, on the ground that it was merely for the convenience of calculation.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is justifiable, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the fixedness

2. As to the grounds of appeal on the violation of the principle of trust and good faith, the court below rejected the defendant's defense that the plaintiffs' claim in this case violated the principle of trust and good faith on the grounds that it is difficult to deem that the plaintiffs' claim in this case causes a serious financial burden unexpected to the defendant, or that the company's existence is at risk.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court.