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1. The Defendant confirms that a performance-based performance-based incentive provision revised on May 23, 2016 is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
(b) the facts of the basis;
A. The defendant is a corporation with the objective of facilitating independent economic activities of small and medium enterprise owners and enhancing their economic status by establishing an efficient credit system for small and medium enterprise owners based on the Industrial Bank of Korea Act, and is supervised by the Financial Services Commission.
The Plaintiffs are workers belonging to the Defendant, who fall under Class III and IV.
B. On May 23, 2016, the Defendant amended the provision on performance-based performance-based performance-based incentives (hereinafter “instant performance-based performance-based performance-based incentives provision”) with the content of the extension of the application of the annual salary system, the rate of base salary differential payment, the expansion of the percentage of performance-based performance-based incentives, and the expansion of the differential payment rate of performance-based performance-based incentives, and the main content of the above provision is as follows.
* On May 23, 2016, the purpose of Article 1 (Purpose) of the Regulations on Performance-Based Performance Bonuses (Purpose) is to provide for matters concerning remuneration, etc. for employees of at least a vice-head position.
Article 2 (Definitions of Terms)
1. The term “compensation” means the basic annual salary, performance-based incentives, and other allowances that are paid pursuant to this provision;
6. The term "standard wage" means one Twelth of the total amount of the basic wage and the job-based wage, the monthly wage paid, and the ordinary wage for the calculation of statutory allowances, such as annual leave compensation.
Article 3 (Scope of Application) (1) This provision shall apply to employees who work in Korea above the vice-class level.
Article 4 (Annual Salary System) The remuneration system for performance-based incentives shall be as follows:
1. Basic annual salary: Basic pay, job classification pay;
2. Performance-based incentives: Evaluation performance rating, performance rating, and special performance rating;
3. Other allowances: Annual leave compensation and qualification allowances. Article 6 (Basic Wage) (3) The basic salary for each individual in the year concerned shall be calculated based on the attached Table 2 (the table of application of the basic rate of increase in salary; hereinafter the attached Table 2) according to the individual assessment grade in the previous year.
Provided, That where the president deems it necessary, he/she shall determine it separately.