통상임금
1. The judgment of the first instance is modified upon the claim modified by this court as follows.
The defendant is against the plaintiffs.
1. Under the premise that the key pay and welfare points stated in the following basic facts constituted ordinary wages against the Defendant: (a) overtime work allowances and annual allowances that the Plaintiffs and four joint applicants of the trial before remanded to the case are the difference between the amount already paid from the statutory allowances, including the above ordinary wages, and (b) overtime work allowances and annual allowances that should be additionally paid are included in the average wage that serves as the basis for calculating the retirement allowances; (c) as such, the retirement allowances that the Plaintiffs, as indicated in attached Form 2, should be additionally paid to the retired workers, are the difference between the amount already paid from the amount of retirement allowances paid in accordance with the fixed amount of the ordinary wages, and (d) overtime work allowances and annual allowances that should be additionally paid, are included in the average wage that serves as the basis for calculating the retirement allowances; and (e) accordingly, the Plaintiffs, as indicated in the attached Form 2, who already retired workers, claimed that the retirement allowances that the Plaintiffs would have already received, as above, are the difference
Before remanding, the first instance court determined that both the instant key benefits and welfare points constituted ordinary wages, and subsequently accepted all the principal parts of the Plaintiffs’ changed claims, and dismissed the remainder of the claim.
The only defendant appealed against this.
The Supreme Court held that welfare points do not constitute ordinary wages, but the Defendant’s appeal against four co-Plaintiffs in the trial before remanding welfare points as ordinary wages. The Defendant’s appeal against the Defendant was dismissed, and the part against the Plaintiffs in the judgment before remanding the case was reversed, and remanded this part of the case to this court.
After remanding, the Plaintiffs’ assertion that welfare points constitute ordinary wages has been withdrawn, and the amount calculated according to the recognition of only the instant key benefits as ordinary wages is “amount by Plaintiff” in attached Form 3.