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(영문) 서울남부지방법원 2014.06.13 2013가합14751
미지급임금 등
Text

1. The Defendant’s KRW 2,702,977 as well as 6% per annum from September 10, 2013 to June 13, 2014 to the Plaintiff.

Reasons

1. Bonuses, achievements, transportation expenses, meal service expenses, and individual pension contributions that the Defendant alleged to the Plaintiff paid to the Plaintiff constitute ordinary wages.

Nevertheless, the Defendant calculated ordinary wages without exception of the above allowances, and paid night work allowances, holiday work allowances, and overtime work allowances based on them.

In addition, although transportation expenses, annual allowances, meal expenses, and safety incentives correspond to wages, the average wage was calculated without excluding them, and the retirement allowance was paid based on them.

Therefore, from April 2010 to March 2013, 2013, the Defendant is obligated to pay to the Plaintiff unpaid part of the retirement allowances, including bonuses, achievements, transportation expenses, meal expenses, individual contributions, night work allowances, holiday work allowances, unpaid part of overtime work allowances, unpaid allowances, and transportation expenses, annual allowances, meal expenses, and safety incentives paid to the Plaintiff during three months before the date of the retirement, including the average wage.

2. Facts of recognition;

A. The status of the parties is a corporation with the objective of domestic and foreign air transport business, etc., and the Plaintiff is a person who joined the Defendant on January 16, 1984 and served as an aviation engineer and retired on March 31, 2013.

B. Main contents of collective agreements, rules of employment, etc. applicable to the Plaintiff are as follows.

[Collective Agreement] Article 38 (Working Hours) (1) The working hours are based on eight hours per day, forty hours per week, and seventy-four hours per month.

Article 44 (Annual Leave) (1) Any company shall grant 15-day paid leave to any member who has worked at least 80 percent of a year.

(3) A company shall grant paid leave under paragraph (1) to members who have worked continuously for not less than three years, adding one day for each two years of continuous employment years in excess of the first one year.

In such cases, the total number of leave days, including additional leave, shall not exceed 25 days.

Article 48 (Principles of Wages) (5) Company shall hold a stock.

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