All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of appeal

1. Purport of the claim.

1. The reasons why the court should explain on this issue are as stated in the column of "1. Basic Facts" of the judgment of the court of first instance.

(2) Article 420 of the Civil Procedure Act provides that a person who is a party to a lawsuit shall be liable to compensate for the losses incurred by the person who is a party to the lawsuit.

2. Summary of the parties' arguments

A. Among the wages that the defendant paid to the plaintiffs, the allowances for good attendance and salary adjustment as stated in the 58th sentence of the first instance judgment on each of the allowances of this case are paid to the plaintiffs.

An abbreviationd name used by the judgment of the first instance court below shall be used as it is in this judgment.

The regular bonus shall be included in the scope of ordinary wages under the Labor Standards Act, both regularly and uniformly paid wages for the fixed work.

However, when calculating and paying overtime work allowances, night work allowances, and annual paid leave allowances, the Defendant calculated ordinary wages, excluding each of the instant allowances and regular paid leave allowances, and paid each of the above statutory allowances calculated based thereon.

Therefore, the defendant is obligated to pay the difference between the above legal allowances and the above legal allowances actually paid by the defendant and the damages for delay, which are reasonably calculated by including each of the above legal allowances and regular bonuses in the scope of ordinary wages.

B. Defendant 1) Each of the instant allowances was paid only to workers meeting the so-called “the condition of re-employment,” stating that the Defendant’s status should be held by the date of payment. Therefore, each of the instant allowances was lacking fixedness, and thus, does not constitute ordinary wages (in spite of such fact, denying the existence of the condition of the employee, the purport of the judgment of the first instance is that the fact-finding is erroneous, or that the practice corresponding to the condition of the employee was committed.

(2) The Defendant, upon agreement with the trade union, excluded regular bonuses from the scope of ordinary wages for a period of ten years, on the part of the trade union.