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(영문) 대법원 2018.12.27 2016다10131

임금

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s assertion that the Plaintiffs’ claim of this case violates the good faith principle.

Examining the record in accordance with the relevant legal doctrine, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the good faith principle.

2. On the ground of appeal No. 2, the lower court rejected the Defendant’s assertion that the instant regular bonus constitutes ordinary wages, on the grounds that the instant regular bonus is regularly and uniformly paid, and thus, it cannot be viewed as ordinary wages.

Examining the record in accordance with the relevant legal principles, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on ordinary wages, etc. without exhaust all necessary deliberations.

3. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.