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(영문) 대전고등법원 2015.06.24 2012나5306
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The reasoning for the court’s explanation concerning this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, since this part of the judgment of the court of first instance is the same as stated in Article 420 of the reasoning of the judgment of the court of first instance, in addition to the following parts.

Part 4: “The “Date of Admission” stated in the “Date of Admission by Plaintiff 1” listed in the “Date of Admission” listed in the “Date of Admission by Plaintiff 1” listed in the “Date of Attached Table 1” is as follows: (a) J. 11 to 14; (b) the Defendant calculated on August 12, 2008, 209, and 2010: (c) the monthly number of working days exceeds 22 days; (d) the amount shall be paid in accordance with the wage calculation table if the premium rate of 150% is applied to the basic rate of pay (i.e., Si pay x hours x 150%); and (e) the sum of the amount of the fixed-term retirement allowances paid by Plaintiff 1 to Plaintiff 3 and the average wage paid by the Defendant for 3 months prior to his retirement; and (e) the amount of the fixed-term retirement allowances paid by Plaintiff 1 to Plaintiff 3 months prior to his retirement; and (e) the average wage paid by the Defendant during 13 months prior to his retirement.

2. Summary of the parties' arguments

A. The plaintiffs' assertion 1) The defendant calculated various allowances, including transportation expenses, food expenses, driver's insurance money, low-class leave expenses, and bonus (hereinafter "transport expenses, etc.").

(1) The retirement expenses, etc. constitute an ordinary wage and thus, constitute an hourly ordinary wage calculated based on the hourly ordinary wage (excluding the retirement expenses) from January 1, 2008 to December 31, 2010 (from January 1, 2008 to June 9, 2008 to the retirement worker Plaintiff V).

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