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(영문) 울산지방법원 2015.11.04 2015가단10317

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is an association that enhances the fishery productivity of its members, expands the markets for fishery products, and provides funds necessary for its members. On September 24, 1979, the Plaintiff joined the Defendant and retired on October 31, 2014.

B. The Defendant paid the Plaintiff annual leave allowances, health training expenses, and retirement allowances calculated by including only the principal salary, class allowances, job allowances, and development allowances as ordinary wages.

C. The contents related to the instant case among the rules on remuneration and accident compensation applicable to the Plaintiff’s work in the Defendant are as follows.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Plaintiff’s regular bonus is included in ordinary wages due to its nature, the Defendant paid annual leave allowances, health group training expenses, and retirement allowances calculated by including only the principal salary, class allowances, job allowances, and development allowances, excluding them.

Therefore, the defendant is obligated to pay to the plaintiff the difference between annual leave allowances, health training expenses, and annual leave allowances paid in the retirement allowance, health training expenses, and retirement allowances, and compensation for delay.

B. Whether a certain wage falls under ordinary wage is determined according to its objective nature, based on which the wage is regularly and uniformly paid to an employee as a consideration for contractual work, and is not determined by formal standards, such as the name of the wage or the length of the payment cycle. The wage with fixedness is naturally expected to be paid regardless of the fulfillment of additional conditions when an employee provided contractual work on a voluntary day. Thus, the payment of the wage is determined in advance, regardless of whether the employee provided contractual work on a voluntary day.

On the other hand, even if workers provide contractual work, they are provided.