임금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiffs are those who entered into an employment contract with the defendant who conducts business such as the production and supply of home shopping programs and work or retired from office while working for the defendant.
[Ground for recognition] Unsatisfy
2. The main point of the plaintiffs' assertion is that the defendant included only the basic annual salary among the wage items in ordinary wages, and has paid overtime and night work allowances, annual pay, weekly paid leave allowances, and retirement allowances.
However, welfare points received by the Plaintiffs according to the employee welfare regulations constitute ordinary wages paid regularly and uniformly as the prescribed amount of labor.
The Defendant is obligated to pay the said welfare points to the time of filing the instant lawsuit from November 2015 to the time of filing the instant lawsuit in addition to the money calculated by including the said welfare points in ordinary wages and excluding the amount already paid. The Plaintiffs seek payment of KRW 1 million as part of each of them.
3. Determination
A. Even where an employer implements a selective welfare program and allocated welfare points that can be used to purchase goods at an employee-only online shopping site on a regular and regular basis based on collective agreements, employment rules, etc., such welfare points do not constitute wages under the Labor Standards Act, and as a result, do not constitute ordinary wages (see Supreme Court en banc Decision 2016Da48785, Aug. 22, 2019; Supreme Court Decision 2015Da30886, Sept. 10, 2019).
In full view of the purport of the arguments in Gap evidence 2, 3, and 4, Gap evidence 5-1, 2, and Eul evidence 1, Article 33 of the defendant's collective agreement provides the grounds for the implementation of the selective welfare program. ② From November 2015, the defendant prepared Article 10 of the Regulations on the Welfare of Officers and Employees and Article 6 of the Guidelines for the Enforcement of the Regulations on the Welfare of Officers and Employees, which prescribe detailed matters concerning the implementation of the selective welfare program.