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(영문) 대법원 2019.07.11 2017다252413
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court, based on its stated reasoning, determined that it is reasonable to calculate the minimum wage on the basis of the contractual work hours of six hours and forty minutes a day, and the collective agreement and wage agreement concluded between the Defendant and the Defendant trade union, which set the hours of recess of thirty hours and twenty minutes a day, considerably lacks rationality.

Examining the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on the validity of the labor-management agreement that prescribes contractual work hours shorter than the actual work hours, as alleged in the grounds of appeal.

2. Regarding ground of appeal No. 2

A. After recognizing the fact that bonuses and incentives are paid according to the following criteria, the lower court determined that the bonuses and incentives are included in the comparative wage for calculating the minimum wage by meeting the requirements prescribed in Article 6(5) of the Minimum Wage Act and Article 5-2 of the former Enforcement Decree of the Minimum Wage Act (amended by Presidential Decree No. 29469, Jan. 1, 2019).

1) Under the wage agreement entered into between the defendant and the defendant trade union, bonuses shall have been served for more than one year, and they shall not cause damage to the property by causing a traffic accident, but shall be paid a fixed amount by dividing the standard transport earnings for calculating the monthly fixed amount of wages for the number of days on board during the pertinent month into three stages. 23, 24, 25, 26. 2) In the labor-management agreement entered into between the defendant and the defendant trade union entered into between the defendant and the defendant trade union, the faithful labor incentives shall be paid 10,000 won including the additional amount of value-added tax reduction and exemption for 1 year or less,00,000 won, and if the labor-management agreement does not reach a fixed amount of wages for the number of days on board during the pertinent month, a settlement shall be made on a daily basis for the number of days on which the monthly work is made

The grant may be suspended at any time when it is deemed that the recruitment of articles has been normalized because it has been paid temporarily, but changes in the price increase, etc. later.

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