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(영문) 대구고등법원 2018.10.17 2016나23381
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition of the judgment as stated in paragraph (2) below as to the assertion that the plaintiffs and the defendant stressed or re-exploited, and thus, it is citing it as it is by the main sentence of Article 420

2. The addition;

A. The Defendant’s wage rules and rules of employment, which, unlike each of the instant collective agreements, provide that regular bonuses shall be paid only to employees employed in office in accordance with the Plaintiffs’ assertion, are invalid in violation of Articles 96(1) and 94(1) of the Labor Standards Act. Inasmuch as regular bonuses are paid as remuneration for contractual work, they also constitute ordinary wages. 2) Determination of the Labor Standards Act provides the criteria for calculating additional wages for overtime, night, and holiday work, pre-announcement of dismissal, annual leave allowances, etc., and the minimum amount of average wages as the minimum amount of average wages, refers to the money and valuables, which are regularly, uniformly, and fixedly paid as remuneration for contractual work, which are ordinarily provided by the workers for contractual work hours.

Wages paid at intervals exceeding one month may be included in ordinary wages, if it is paid periodically, uniformly and uniformly.

In addition, fixed wage refers to “minimum wage that a worker who has worked on a voluntary day regardless of the name of the wage, regardless of the title of the wage, retires on the following day, and is entitled to receive a fixed and conclusive payment in return for the daily work.” Thus, if an employee provides contractual work on a voluntary day, regardless of the fulfillment of additional conditions, it can be deemed that the payment is planned to be made as a matter of course and the amount determined in advance is fixed.

The conditions mentioned here are voluntary.

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