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(영문) 창원지방법원 2017.11.30 2015가합32721

임금

Text

1. The Defendant’s payment to the Plaintiffs as stated in the “total amount of human resources” column in the attached Table 2 list, and as to this, February 2014.

Reasons

1. Facts of recognition;

A. The defendant is a company that runs the business of manufacturing and selling aircraft engines, security equipment, and industrial robots, and the plaintiffs are employees of the defendant company.

B. From January 2012 to February 2014, the Defendant calculated ordinary wages, excluding regular bonuses, and calculated and paid overtime night work allowances (hereinafter “legal allowances”) and interim payment of retirement allowances based thereon.

C. The defendant's regular bonus provision related to the plaintiffs' claim of this case is as follows.

1) A company under Article 133 (Contributory Retirement) of the Rules of Employment may pay bonuses to its members, taking into account their achievements and taking into account corporate forms into account: Provided, That the method of and criteria for paying bonuses, timing of payment, and dates of payment of bonuses shall be separately determined; 2) those subject to the standards for paying bonuses to its members excluding those subject to the annual salary system - standards for the payment of salary class members - calculation of bonuses x (base rate for calculation of bonuses - base rate for calculation of bonuses - (base rate for calculation of bonuses - base rate for calculation - base rate for calculation of bonuses - application of the highest rate between 0% and 120% according to the height and evaluation - Application of the highest rate for calculation of bonuses - The date of payment of bonuses - The date of payment - the date of payment - the date of payment - the payment - the date of payment - the entire number of days subject to the bonus - the number of days subject to the retirement - the entire number of days subject to calculation - the retirement - the entire number of days.

2. The parties' assertion

A. The plaintiffs asserted that regular bonuses (excluding the portion paid additionally by applying the high-level rate among the regular bonuses for June and December) constitute ordinary wages. However, the defendant calculated ordinary wages, excluding regular bonuses, from January 2012 to February 2014, based on this.