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(영문) 광주지방법원 2019.05.30 2018가단516010
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant Company (hereinafter “Defendant Company”) is a corporation that manufactures, processes, and sells fruit, ice, etc., and the Plaintiff served in the Defendant Company from December 27, 1992 to September 28, 2017.

B. The position of the employees of the Defendant Company is largely classified as Level Ⅰ (members), Level Ⅱ (agent, Deputy Secretary), Level Ⅲ (department chief), Level Ⅳ (department chief), and executive officers. The Plaintiff served as the director of the Defendant Company's South-North Branch Office from October 2015, since he promoted to Level Ⅲ in around 2012.

C. From July 1, 2002, Defendant Company has implemented the annual salary system. Of the annual salary system, the part concerning overtime work allowances, night work allowances, and holiday work allowances are as follows.

Article 7 (Definitions of Terms)

1. The standard annual salary means the total amount of a basic annual salary and bonus annual salary, and means individual wages of the members of the annual salary system and the basic nature of a living corresponding to each grade, and the standard for concluding an annual salary contract;

Not less than IV Lvel, but not less than 100.00% of the total bonus annual salary 100.00% Level I- III 69.75% 20.25% 10.00% of the total bonus-based annual salary.

2. The term "basic annual salary" means the aggregate of basic pay, non-time allowances;

The overtime allowances shall be deemed calculated by aggregating 420 hours per year.

3. A bonus and an annual salary shall be calculated and paid monthly based on the annual salary composition expenses referred to in the preceding paragraph.

Provided, That the criteria for payment shall be as follows:

Payment rate of Levell to third day following the 11st day of the following month, 10 (%)/12 of the base annual salary of the employed as of the 15th day of January, 11, and 23 (the salary of overtime workers).

1. In the calculation of benefits per hour, it shall be 1/209 of the monthly amount of basic pay;

2. Allowances for extension of employees, holidays and night work shall be calculated by combining them with the basic annual salary in consideration of the characteristics of the relevant duties;

3. For work on holidays ( Saturdays, Sundayss and holidays), Level Ⅲ or more shall be classified as managers in consideration of the annual salary by class, characteristics of work and discretion, and shall be classified as managers.

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