beta
(영문) 부산고등법원(창원) 2020.01.16 2017나24321 (1)

임금

Text

1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reason why this Court's statement concerning this part of the basic facts is as stated in the part of "1. Presumption" among the reasons for the judgment of the court of first instance, except for changing "Attached 3-1, Attached 3-2, Attached 4-1, and Attached 4-2" attached to the judgment of the court of first instance to "attached 3-1, Attached 3-2, Attached 4-1, and Attached 4-2" attached to the judgment of the court of first instance, and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the

2. Reassessment of ordinary wages;

A. The Plaintiff’s assertion 1) The instant bonus is regularly and uniformly paid to all workers who worked for not less than one month with money and valuables paid to workers as remuneration for contractual work. If a worker provided contractual work in proportion to the actual working period for retirement, absence from office, and leave workers, then the worker was confirmed to be paid a certain amount of the bonus, and thus, it constitutes ordinary wages.

B) Although the “Adjustment Allowance 2” paid by the Defendants did not include in the ordinary wage under a labor-management agreement, it was paid monthlyly in proportion to the number of working days for workers who are continuously and regularly subject to a collective agreement, and thus, it is included in the ordinary wage as remuneration for contractual work. (2) Defendant A) The instant bonus (1) was paid not only for contractual work but also for total work including extension, holiday, night work, etc., and there is an additional requirement for payment, which does not constitute ordinary wage. (2) The instant bonus is paid not only for the contractual work but also for the extension, holiday, night work, and it does not constitute the ordinary wage.

(i)a provision that excludes a person who has served less than 15 (15) days in respect of bonus payments (hereinafter referred to as “payment exclusion provisions”);

This has been applied, and there is an additional and uncertain payment requirement that the number of working days is satisfied in addition to the provision of the prescribed work.