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(영문) 서울동부지방법원 2016.11.24 2013가합12073
임금 등
Text

1. The defendant shall pay to the plaintiffs the amount corresponding to the "personal fee" stated in the calculation sheet for each plaintiff in attached Form 2 and each of them.

Reasons

1. Basic facts

A. The defendant is a company that manufactures and sells construction machinery, internal combustion engine parts, etc., and the plaintiffs are technical workers who work or worked in the defendant's workplace.

B. The main contents of the labor-management agreement, the rules of employment, and other relevant regulations that set the payment criteria when the Defendant pays wages to the Plaintiffs are as follows.

1) The Convention on the Wage and Collective Agreement of 2010 (Scope of Application) applies to companies, partnerships, branches and sub-branches. Article 36 (Definition of Wages) of the Company’s Union members’ wages shall be classified into ordinary wages and average wages as follows: 1. Ordinary wages refer to basic wages and various allowances (including overtime, danger, management, statutory qualifications, legal qualifications, driver’s license, and family allowances). 2. The average wages refer to the amount calculated by dividing the total amount paid to members for the three-month period prior to the date on which the cause for calculating the amount arises by the total number of days in that period. The amount less than three months after employment is also equivalent. 3. The average wages shall be the average wages if the average wages of members calculated pursuant to the preceding paragraph are less than the ordinary wages. Article 37 (Allowances) of the Company shall be paid to members in accordance with separate payment standards:

1. The Company shall pay a bonus of 700 per annum to its members in technical service in accordance with the performance of business.

Provided, That the standards for payment separately determined shall apply to the members of the technical staff who are 58 years of age and commissioned.

2. The payment date shall be the last day of December and the anniversary of the incorporation of a company; and

3. Payment of bonuses to persons under one year of continuous service shall be as follows:

Under 50% (number of days of actual service days) of the base amount of at least 6 months and less than 100% of the base amount of at least 3 months and less than 75% of the base amount of less than 6 months and less than 3 months;

4. The criteria for the payment of bonuses to employees shall be the basic salary, family allowances, and family allowances; and

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