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(영문) 서울고등법원 2016.09.09 2015나2067893
임금 등
Text

1. Of the judgment of the court of first instance, the part regarding the plaintiffs in the judgment is modified as follows.

The defendant is attached Form 2.2 to the plaintiffs.

Reasons

1. Basic facts

A. Under Article 14 of the Framework Act on National Informatization, the defendant is a juristic person established to develop policies related to national informatization promotion of national agencies, etc., to create a healthy information culture, and to narrow the digital divide. The plaintiffs are currently in office or retired workers.

B. The Defendant paid the Plaintiffs basic annual salary, performance-based incentives, job pay, etc. in accordance with the Defendant’s personnel regulations and wage payment rules, and written an annual salary contract that specifies the amount of basic annual salary and performance-based incentives with the Plaintiffs at the beginning of each year.

C. On March 18, 2004, the Defendant newly established a “selective welfare cost” as one of the welfare expenses by amending the personnel regulations (Article 53(1)5), and allocated a certain amount of welfare points to all employees every year (the amount calculated on a monthly basis according to the period of service for new employees, temporary retirees, and retirees). (2) The amount of welfare points per employee allocated by the Defendant is KRW 560,000 for the year 201, KRW 560,00 for the year 2012, KRW 2013, and KRW 600 for the year 2014, respectively.

On the other hand, around November 2013, the Defendant additionally allocated the unused portion of the selective welfare expenses budget in 2013 in proportion to the number of months of service in 2013, among the selective welfare expenses budget, to the employees who were employed at the time.

Accordingly, 128,400 won (=10,700 won per month x 12 months) was additionally allocated to employees who worked in 2013 for 12 months.

Article 12 (Annual Leave) of the relevant Rules of Employment (1) The defendant gives 15 days annual leave to employees who have worked at least 80 percent per year.

(4) The defendant shall grant the workers who have been employed for not less than three consecutive years one day’s leave for each two consecutive years of continuous employment in excess of the first year’s leave under the provisions of paragraph (1).

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

Article 12-2 (Promotion of Use of Annual Leave) (1) Defendant Article 12.

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