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(영문) 서울고등법원 2016.04.15 2015나27639

임금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Duplicate of the claim and the cause of the claim of this case" in Part 18 of the judgment of the court of first instance is as "application for modification of the claim of this case"; the "this case" in Part 20 of the same case is as "the court of first instance"; and the "the case of this case" is as the same as the judgment of the court of first instance, except for addition of the judgment at the court of first instance as follows, it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Whether a certain amount of wage constitutes ordinary wage or not shall be determined by objective nature based on which the wage is paid periodically and uniformly to an employee as remuneration for a contractual work. Here, the term “regular” refers to not only the payment of wage at regular intervals but also the payment of wage to all workers who meet certain conditions or standards. The term “regular” refers to not only the payment of wage to all workers at regular intervals but also the payment of wage to all workers who meet certain conditions or standards. On the other hand, the term “regular” refers to the payment of fixed bonuses as a matter of course regardless of achievements, achievements, or other additional conditions. On the other hand, a regular bonus between labor and management agreed to exclude a regular bonus from the ordinary wage in itself and decided on the premise of this determination, thereby seeking additional payment of statutory allowances calculated by the worker’s side including a regular bonus, thereby pursuing an unexpected profit exceeding the ordinary wage level agreed upon by the labor and management, causing a new financial burden or removing new financial difficulties due to such occurrence.