A. The Plaintiffs provided the Defendant with overtime work for at least 13 hours each time from January 2015 to December 2017.

B. The Defendant calculated the Plaintiffs’ ordinary wages, excluding regular bonuses, food subsidies, transportation subsidies, business promotion expenses, development expenses, selective welfare expenses, and selective welfare expenses, and paid overtime work allowances to the Plaintiffs based on the ordinary wages calculated as above.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. The Plaintiffs’ assertion regular bonuses, food support expenses, transportation support expenses, business promotion expenses, and development expenses for ability development (hereinafter “regular bonuses, etc.”) shall be included in ordinary wages when calculating ordinary wages, and the Plaintiffs’ overtime work allowances should be calculated and paid on the basis of the total wages calculated by including the above expenses.

Therefore, the difference between the labor allowances and the overtime allowances that the plaintiffs received in the previous time is sought, respectively.

B. Determination bonuses, etc. are all deemed to be included in ordinary wages (see, e.g., Supreme Court Decision 2018Da219079, Oct. 18, 2019). The Defendant should calculate the Plaintiffs’ overtime allowance and pay the amount therefrom based on ordinary wages calculated including regular bonuses, etc.

The plaintiffs' claims are justified.

Attached Form

The defendant does not dispute that the stated amount of each claim is the plaintiffs' overtime allowance calculated on the basis of ordinary wages calculated including regular bonuses.

Therefore, the defendant is obligated to pay to the plaintiffs 12% interest per annum from January 15, 2020 to the day of full payment.

3. citing the Plaintiffs’ claim.