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(영문) 대구지방법원 2018.12.20 2018가합204026

임금

Text

1. The Defendant shall make to the Plaintiffs the same table among the respective money recorded in the item column for a list of total sum of attached amounts and each of the above money.

Reasons

1. Basic facts

A. The defendant is a public corporation that carries out gas supply and sales business to improve the convenience and welfare of people's lives, and is an employer of the plaintiffs, and the plaintiffs are currently working or retired as an employee of the defendant's salary system or annual salary system.

B. In accordance with the collective agreement, remuneration rules, and other annexed regulations, the Defendant considered the basic pay as ordinary wages, and paid the Plaintiffs overtime work allowances, overtime work allowances, night work allowances, holiday work allowances, holiday work allowances, annual leave allowances (hereinafter collectively referred to as “all the above allowances”) and retirement allowances, respectively.

C. The Defendant paid incentives to the Plaintiffs (in the case of employees with salary grade systems), ② performance-based incentives (in the case of employees with annual salary systems), ③ statutory appointment allowances (common), and ④ shift work allowances (common, i.e., shift work allowances (hereinafter collectively referred to as “performance allowances, etc.”). However, this part does not constitute ordinary wages and does not include all kinds of allowances and retirement allowances into ordinary wages.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 11 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Defendant’s assertion that the Plaintiffs’ basic salary is considered as ordinary wage and paid various allowances and retirement allowances to the Plaintiffs based on this. However, since it falls under ordinary wage in addition to the basic wage, it is necessary to pay various allowances and retirement allowances to the Plaintiffs based on the hourly ordinary wage calculated including this.

Therefore, the Defendant is obligated to pay the difference between the difference calculated based on the hourly ordinary wage and the retirement allowance calculated based on the hourly ordinary wage, including piece rates, etc. from September 2015 to July 2018, and the amount that the Plaintiffs already received, as well as damages for delay.

However, the Plaintiffs.