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(영문) 대법원 2018.12.27 2015다241471

임금

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s assertion that the Plaintiffs’ additional claim for the instant allowance is contrary to the good faith principle, asserting that the labor and management agreed to exclude bonuses from the ordinary wage calculation criteria and set wage levels on the premise of the agreement’s invalidity.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error by misapprehending the legal principles on the good faith principle.

2. On the grounds of appeal Nos. 2 and 3, the lower court, based on its stated reasoning, determined that the instant “fixed O/T” was paid to workers regularly, uniformly, and regularly in return for contractual terms and constituted ordinary wages, and rejected the Defendant’s assertion of offset based on the premise that the instant “fixed O/T” is a kind of overtime pay.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

In so doing, the lower court did not err by misapprehending the legal doctrine on ordinary wages and overtime allowance.

3. Therefore, the appeal is 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 on the bench.