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(영문) 대전지방법원 2016.08.10 2014가합105701

연장근로수당 등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company whose business purpose is to manufacture and sell household goods, and the plaintiffs are workers employed by the defendant and who belong to the B trade union (hereinafter "trade union").

B. Article 53 (Reward) (1) of the Regulations on Bonuses-Related Collective Agreement (No. 1 evidence, conclusion of July 28, 2012, hereinafter “instant collective agreement”) (hereinafter “instant collective agreement”) provides that bonuses may be increased or decreased depending on business performance based on 800% per year.

Provided, That when it is increased or decreased, the Central Labor-Management Council shall consult with the trade union in advance.

The time of payment shall be paid based on 100%, respectively, at the beginning of May, June, August, August, August, and at the end of the Dong and year.

(2) At each time bonus is paid, 20% of the payment rate for those who have worked for not less than three months on the basis of the date of calculation of service period, 50% of those who have worked for not less than six months, and 100% of those who have worked for not less

The bonus shall be paid to the members under Section 2 of Chapter IV of the Rules of Employment (Evidence 2) at least once a year.

Article 63 (Payment Rates) Company shall set reasonable rates of bonuses to its members in office in consideration of the management status of the company, and the individual payment rates shall be determined in consideration of the matters of punishment, work performance, achievements, work period, etc.

The provisions regarding bonuses in the collective agreement and rules of employment applicable between the plaintiffs and the defendant are as follows:

(hereinafter the Plaintiffs’ bonus paid pursuant to the above provision is “instant bonus.” Meanwhile, the collective agreement submitted with the evidence No. 1 was concluded on July 28, 2012 between the Defendant and the trade union. The Plaintiffs sought unpaid wages, etc. from November 2010 to August 28, 2014, as seen in the attached Table No. 1, but did not submit all the collective agreement prior to July 28, 2012).

Welfare points-related regulations 1 Defendant concluded a collective agreement with a trade union on June 18, 2008, and concluded a selective welfare program from October 1, 2008 to 1.4 million won per worker.