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(영문) 서울중앙지방법원 2017.02.09 2015가단5307138
임금
Text

1. The defendant has against the plaintiffs each money stated in the "amount of personal use" column in the attached Table 2 for each plaintiff's sheet and each of the above money.

Reasons

1. Basic facts

A. The Plaintiffs are the employees belonging to the Defendant.

B. Of the Defendant’s remuneration regulations, the main contents related to the instant case are as follows.

Article 3 (Definitions of Terms)

6. The term "daily calculation" means the calculation by dividing the monthly remuneration by 8/209;

Article 17 (Expenses for Promotion of Reinstatement) ① 400% of the basic salary shall be paid to employees as the cost of promotion of welfare.

(2) The payment date and payment rate of the welfare promotion expenses shall be as shown in the attached Table 12.

Article 28 (Date of Payment) (1) In principle, remuneration shall be paid on the 20th of each month.

(hereinafter referred to as "proviso omitted). [Attachment 12] The payment date and payment rate of the welfare promotion expenses (related to Article 17(2)) shall be January, February, April, May, May, July, July, August, August, August, October, October, and November 1 x 50% of the basic salary paid in the relevant month on the payment date of the remuneration of the relevant month x 50%.

C. As of December 31, 2014, Plaintiff B received interim settlement retirement allowances of KRW 33,698,010.

【Ground for recognition】 Each entry of evidence Nos. 3, 11, 12, and 13, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s assertion 1) Although the cost of promoting welfare falls under ordinary wages, in calculating statutory allowances from August 2012 to October 2015 (day work allowances, annual work allowances, overtime work allowances, night work allowances) from August 2012 to October 2015, the cost of promoting welfare was not included in ordinary wages. 2) In calculating the above statutory allowances, the Defendant did not add more than 50% of the premium rate for overtime work (50%) than the premium rate for holiday work (50%) in calculating the above statutory allowances.

3) In calculating the interim settlement retirement pay of Plaintiff B, the Defendant did not reflect the omitted statutory allowances in arrears on the grounds of the foregoing paragraph (1) on the total amount of wages paid for three months.

4) Therefore, the defendant shall include the welfare promotion expenses for the plaintiffs in ordinary wages and, in the case of holiday work ( Sundays) exceeding 40 hours per week, the ordinary wages calculated by adding 50% to overtime work premium rate (50%) in addition to holiday work premium rate (50%).

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