임금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. (i) The plaintiffs sought payment of the amount claimed in their respective claims, alleging the purport that the defendant employed and worked for them, and did not pay the risk allowances and work allowances, etc., since the above allowances fall under all of ordinary wages, they are obligated to pay part of the wages and retirement allowances not paid according to the ordinary wages. According to this, the issue of this case is whether the above risk allowances and work allowances constitute ordinary wages.
Therefore, in order for a certain wage to belong to ordinary wages, it should be paid fixedly.
The term "fixedness" refers to "the nature, regardless of achievements, achievements, and other additional conditions, which is confirmed to be naturally paid for the work provided by an employee," and the term "fixed wages" can be defined as "minimum wages to be paid automatically and finally in return for the work of an employee who has worked on a voluntary day, regardless of the name of the wage, even if the employee retires on the next day after that day." Wages with fixedness are expected to be paid as a matter of course, regardless of whether the employee satisfies additional conditions, if he/she provides a contractual work on a voluntary day. Thus, the payment or amount of payment is determined in advance.
On the contrary, even if an employee provides contractual terms, it cannot be said that the part of the wage whose amount is changed depending on whether the employee satisfies additional conditions or whether the employee satisfies such conditions is fixed even if the employee provides contractual terms.
(See Supreme Court en banc Decision 2012Da89399 Decided December 18, 2013). However, comprehensively taking account of the respective descriptions in the evidence Nos. 2 through 5, the case of an allowance on board according to the wage agreement between the Plaintiffs and the Defendant in 2011 (applicable from July 1, 2011 to June 30, 201).