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(영문) 서울고등법원 2018.04.27 2016나2079060

임금

Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination on the grounds for appeal

A. In order for a certain wage to belong to ordinary wages, it must be paid fixedly.

The term "fixedness" refers to "the nature, regardless of its achievements, achievements, and other additional conditions, which is confirmed to be naturally paid for the work provided by an employee," and the term "fixed wages" can be defined as "minimum wages to be paid automatically and finally in return for the work of an employee who has worked on an optional day, regardless of the name of the wage, even if the employee retires from office on the next day after that day, regardless of the name of the wage," which can be defined as "minimum wages to be paid automatically and definitely in return for the daily work. If an employee provides a contractual work on his/her voluntary day, the wage with fixedness is expected to be paid as a matter of course regardless of whether the employee satisfies additional conditions.

On the contrary, even if an employee provides contractual terms, it cannot be said that the wage paid upon additional conditions or the wage whose amount changes depending on whether the said conditions are met is fixed.

(See Supreme Court en banc Decision 2012Da89399 Decided December 18, 2013). B.

The relevant provisions and methods of payment of the Defendant Company bonus (1) the bonus and performance rate rules (1) of the Defendant Company shall provide for bonuses as follows:

Bonuses shall be classified into “daily rate-paid bonus” and “monthly-paid bonus”.

(Article 5). The term “dailyly paid bonus” shall pay 600% of the basic salary in monthly installments by 50% each month (Article 5.1), and the term “monthlyly paid bonus” shall be set aside in separate financial resources, and the rate of payment shall be determined separately each year by the corporate personnel policy determined according to the results of the performance evaluation of each organization or individual.

(Article 5.2. The term “daily bonus”, in principle, shall be paid simultaneously on the date of payment of benefits (Article 7.1).