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(영문) 서울고등법원 2016.07.22 2015나22900

임금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

(b).

Reasons

1. Case summary

A. The gist of the plaintiffs' assertion is the workers in general service and contractual workers belonging to the defendant.

① The “vehicle subsidies, hand-on subsidies, welfare points, performance bonuses, minimum guarantees, incentives performance bonuses,” and ② “regular bonuses, transportation expenses, food expenses, work allowances, work allowances, and continuous service additional charges,” which a contract-based worker receives in addition to the above benefits, constitute ordinary wages.

The defendant calculated ordinary wages without exception, and paid overtime work allowances and annual leave allowances.

The defendant is obligated to pay the difference between the fixed hours of overtime work allowance and annual leave allowance, including the above benefits, less the allowances already paid, and the delayed payment damages therefor.

B. The first instance judgment and the Defendant’s first instance judgment determined that “the remainder of the benefits except vehicle subsidies constitutes ordinary wages.” Based on this, the lower court ordered the difference between the fixed overtime work hours and the annual leave allowances less the allowances already paid, and the payment of damages for delay.

Accordingly, only the Defendant appealed against “welfare points and incentives and incentives included in ordinary wages” among the judgment of the first instance.

2. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, except in the following cases. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. The height of the second part of the judgment of the court of first instance is the "elevator Facilities Safety Management Act" in the second part to the "former Elevator Facilities Safety Management Act (amended by Act No. 13496, Aug. 11, 2015).

The 7th to the 10th to the 7th to the 9th to the following.

【) Welfare points (1) lack disputes between the parties to the facts of recognition, or pleadings are made on the statements in Gap evidence 3 and Eul evidence 2.