임금
2015Da71917 Wages
Plaintiff 1 and four others
Attorneys Kim Jong-woo et al., Counsel for the defendant-appellant
Korea Inc.
Attorney Kim Won-young et al., Counsel for the defendant-appellant
Supreme Court Decision 2012Da116871 Decided May 29, 2014
Seoul High Court Decision 2014Na28208 Decided October 30, 2015
.7.9
All appeals shall be dismissed.
The costs of appeal shall be borne by the plaintiff.
The grounds of appeal (to the extent of supplement of the grounds of appeal) are examined (the details of supplemental appellate briefs not timely filed).
Examining the lower court’s determination that an additional statutory allowance is not acceptable as it violates the principle of good faith with respect to the case seeking the payment of an additional statutory allowance based on the addition of regular bonus to ordinary wages, and based on this, the lower court invoked the legal doctrine of the Supreme Court en banc Decision 2012Da8939 Decided December 18, 2013, and, as stated in its determination, given that (i) the instant regular bonus constitutes 700% per annum of ordinary wages; and (ii) the legal allowance to be additionally borne by the Defendant would considerably exceed the scope of statutory allowance to be borne by the Defendant as the materials for negotiations at the time of wage negotiations; (iii) the Defendant’s demand for additional payment of statutory allowance from 2008 to 2010 to 2014 to 2014 to 2014 to 2014 to 208 to 204 to 2014 to 204 to 2014 to 201 to 204 to 2014 to 2012.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Noh Tae-tae
Justices Kim Jae-hyung
Justices Min You-sook of the District Court
Justices Lee Dong-won