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(영문) 서울남부지방법원 2015.12.18 2015가단209570

임금

Text

1. The defendant shall make each of the designated parties listed in the [Attachment 4] list the money recorded in the above list in the attached list, as well as the money recorded therein.

Reasons

1. Basic facts

A. The Defendant, while employing the designated parties and paying the wages, calculated and paid the premium for overtime work, night work, and holiday work, and annual leave, etc. (hereinafter “daily wage, etc.”) instead of inserting bonus and transportation expenses into ordinary wages.

B. The Defendant paid 2,100 won per day to its employees according to the number of attendance days, not to a specified amount per month, and the following collective agreements have been concluded between the Defendant and the Defendant’s trade union.

Article 41 (Reward) The criteria for payment of bonuses shall be excluded from persons who are employed in the month of payment of bonuses as of the payment date, and shall be calculated in April through August, and the employees who work for not less than eight months shall be paid in full.

The bonus payment period: 1) 40% shall be paid as of the end of November, respectively, of the Gu affairs, April, July, year, year stone, and the end of December. 2).

C. The defendant did not pay bonuses to his employees for one to three months after his entry.

[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1-1 and Eul evidence 2, the purport of the whole pleadings]

2. Assertion and determination

A. The bonuses and transportation expenses asserted by the Plaintiff (appointed parties, hereinafter “Plaintiffs”) constitute ordinary wages, which are regularly, uniformly, and fixedly paid.

Despite the fact that the defendant should do so on the basis of ordinary wages, including bonuses and transportation expenses, the defendant estimated the premium pay by considering the amount calculated by subtracting bonuses and transportation expenses as ordinary wages.

The defendant is obligated to pay the difference between bonuses and transportation expenses to the designated parties in addition to ordinary wages, etc. which is actually paid in addition to additional wages.

B. According to the facts stated in Section 1-B and Section 3 of the ruling that bonuses are ordinary wages, the defendant is recognized to have paid bonuses periodically and uniformly to workers for whom four months have passed after their entry.

However, the worker has been engaged in contractual work.