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(영문) 수원지방법원 2019.01.11 2017가합14263

임금

Text

1. The defendant company:

A. 3,076,092 won and the interest rate thereon to Plaintiff B from March 15, 2015 to the day of complete payment.

Reasons

1. Presumed factual basis

A. Defendant Company is a corporation that runs the manufacture, sale, etc. of medicines, and the Plaintiffs are or were employed as an employee of Defendant Company, and are retired from office.

Plaintiff

B on February 28, 2015, Plaintiff J retired on October 31, 2014.

B. In addition to the basic pay, the Defendant Company paid 1/2-day bonus to workers in shift work, while paying bonus to workers amounting to 700% of the basic pay every year. The Defendant Company did not include bonuses in calculating overtime work allowance, overtime work allowance, night work allowance for night work, overtime work, special day and night work allowance for holiday work, holiday work allowance for night work, and ordinary wage for annual paid leave.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 6, the purport of the whole pleadings

2. As to the period from November 2012 to April 2015, the Plaintiffs asserted that bonuses should also be included in ordinary wages, the Plaintiffs seek payment of the difference between the non-regular, non-permanent, special, weekly, weekly and annual holiday allowances (hereinafter collectively referred to as “each of the instant allowances”) and retirement allowances and the respective allowances and retirement allowances actually paid by the Defendant Company based on the ordinary wages calculated in accordance with the lower limit stipulated under the Labor Standards Act based on such ordinary wages calculated.

3. Where the Labor Standards Act as to whether a bonus falls under ordinary wages of extended, night or holiday work, the standard for calculating additional wages for overtime, night or holiday work, pre-announcement allowances for dismissal, annual leave allowances, etc. and the minimum amount of average wages, the ordinary wages refer to the money and valuables agreed to be paid for the prescribed working hours which are ordinarily provided by the worker, and which are regularly, uniformly and regularly paid

Wages paid at intervals of more than one month shall be paid periodically, uniformly and uniformly.

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