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(영문) 대법원 2019.05.10 2017다210112

임금

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All appeals are 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).

Based on the facts stated in its holding, the lower court determined that the regular bonus paid by the Defendant to the Plaintiffs constitutes ordinary wages on a regular, uniform and fixed basis as the price for contractual work, and determined that the Defendant is obligated to fix each allowance and retirement allowance based on ordinary wages that include regular bonuses and to pay the difference between the amount already paid to the Plaintiffs. In light of the circumstances stated in its holding, the lower court rejected the Defendant’s defense that the instant claim was in violation of the principle of trust and good faith, on the ground that it is difficult to deem that the Plaintiffs’ financial burden unexpected to the Defendant due to the instant claim causes serious managerial difficulties, or that corporate existence

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on “price for contractual work” and the principle of good faith defense in ordinary wage litigation, contrary to what is alleged in the grounds of appeal.

Therefore, all appeals are 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.