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(영문) 서울중앙지방법원 2018.05.25 2017가단5115081

청구이의

Text

1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s 2017 Ghana5878904 dated April 28, 2017.

Reasons

1. Basic facts

A. On July 18, 2014, the Plaintiff and the Plaintiff’s workers’ trade union (hereinafter “trade union”) agreed on the ordinary wages as follows (hereinafter “instant agreement”).

In relation to the calculation scope of ordinary wages after the Supreme Court en banc Decision on the Agreement on ordinary wages, the company and the trade union agree to prepare a draft for the achievement of 2020 Before the vision, and to give back to the future of the desired and brightness future in cooperation with each other as follows.

- - sound;

1. In relation to the scope of the calculation of ordinary wages, a trade union shall determine whether bonuses include ordinary wages in relation to the scope of the calculation of ordinary wages, as well as the applicable time and period of application thereof, and the company shall reduce contractual work hours from August 1, 2014 to 180 hours at present from 190 hours to 180 hours.

2.In determining the law, where bonuses of our company are included in ordinary wages, the company shall faithfully implement them, and the time of performance shall begin to apply from the date of enforcement prescribed by the law.

3. The above shall apply only to the members who have submitted a written consent within the designated date.

4.A member who does not consent to this Agreement may bring a lawsuit and, if the lawsuit was brought before August 31, 2014, the extinctive prescription shall cease to run as of November 11, 2013.

B. On August 26, 2014, the Defendants, who are the employees of the Plaintiff, filed a lawsuit with the Daejeon District Court claiming that the Plaintiff was paid only statutory allowances calculated based on ordinary wages calculated by subtracting bonuses and welfare points from ordinary wages, without submitting the written consent pursuant to the instant agreement, and that the Defendants, which were the employees of the Plaintiff, received the payment of the difference between the statutory allowances calculated based on the fixed ordinary wages and the fixed statutory allowances ( Daejeon District Court 2014Gahap105701 case).

Daejeon District Court on August 10, 2016, the Defendants.