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(영문) 대법원 2020.06.25 2016다234982
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal Nos. 1 and 2, the lower court, based on its stated reasoning, determined that the instant flight allowance and basic flight allowance do not constitute ordinary wages.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable.

In so determining, contrary to what is alleged in the grounds of appeal, we did not err by misapprehending the legal doctrine.

2. As to the ground of appeal No. 3, the lower court determined that the Plaintiffs’ standard time for calculating ordinary wages was 26 hours a month, on the grounds indicated in its reasoning, including the fact that the Defendant deemed four hours a Saturday as paid holiday through a collective agreement, etc. and appears to have calculated ordinary wages.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court’s aforementioned determination is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding standard hours for calculating ordinary wages, or by exceeding

3. As to the ground of appeal No. 4, considering the following circumstances: (a) the progress and contents of a collective agreement between the defendant and the trade union, recognition of the defendant and the trade union as to the nature of regular bonuses, the defendant's calculation and payment of various allowances, response to the defendant's workers, the defendant's financial situation, and the defendant's financial burden to additionally include regular bonuses in ordinary wages, when calculating statutory allowances, including regular bonuses in ordinary wages, the plaintiff would benefit more than the wage level initially agreed upon; and (b) the defendant in a long-term management crisis, which caused the defendant's unexpected financial burden.

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