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(영문) 서울중앙지방법원 2016.06.23 2015가단5317722
임금
Text

1. The Defendant stated to the Plaintiffs in the “request amount (180% base)” column of the wage calculation sheet for each Plaintiff’s attached sheet and the said money.

Reasons

1. Basic facts

A. The Defendant is a corporation established pursuant to the Korea Land and Housing Corporation Act to perform the duties of acquiring, developing, reserving, and supplying land, urban development and maintenance, and housing construction, supply, and management, and the Plaintiffs are employees belonging to the Defendant.

B. The remuneration of the Defendant’s employees in charge of supporting work among the Defendant’s employees consist of the basic annual salary and additional salary (regular bonus, meal allowance, job bonus, etc.), and the remuneration of the general employees, excluding work cooperation personnel, shall consist of annual salary (basic annual salary, performance-based incentives), and additional salary (special area service allowance, technical allowance, special service allowance, duty allowance, work bonus, fixed-time allowance, fixed-time allowance, and meal allowance, etc.).

C. The defendant's provision at issue in this case is as follows.

▣ 취업규칙 제22조(근무수당) 시간외근무, 야간근무, 휴일근무에 대해서는 직원보수규정에 따라 수당을 지급한다.

▣ 직원보수규정 제2조(정의 및 적용범위) ① 이 규정에서 사용하는 용어의 뜻은 다음 각 호와 같다.

4. The term "performance-based annual salary" means remuneration paid according to the department to which an employee belongs and an individual's performance, etc.;

8. The term "basic monthly salary" means an amount calculated by dividing the basic annual salary by 12;

Article 5 (Performance-Based Annual Salaries) (1) A performance-based incentive shall be paid by applying the basic monthly salary of the preceding year to the rate of payment determined according to the Government's results of management evaluation and internal

Provided, That detailed matters concerning the methods of performance evaluation and differential payment rates of individuals and departments shall be separately determined by the president.

(2) The president shall separately determine matters necessary for the installment payment of performance-based incentives under paragraph (1).

Provided, That the temporary retirement employee, the suspended employee, and the dismissed employee shall be paid by settling accounts on a daily basis, excluding the period of the disposition or the period of dismissal from position.

Article 6 (Additional Benefits) (1) Items to be paid and standards for payment of additional benefits shall be as specified in attached Table 4.

In such cases, the term "ordinary wage" means the basic monthly salary.

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