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부산지방법원 2016.04.07 2014가합17421
임금 등
Text

1. The Defendant stated the Plaintiffs’ “amount claimed by each Plaintiff” in the “amount claimed by each Plaintiff” list as stated in attached Table 1 and each of the above amounts.

Reasons

1. Basic facts

A. On January 1, 2013, the Plaintiffs entered Busan Tourism Development Co., Ltd. (the trade name was changed to the Defendant; hereinafter collectively referred to as “Defendant”) and worked for the period indicated in the “the continuous service period” column in the attached Table 3 attached hereto, and drafted an annual salary contract with the Defendant on December 31, 2012, setting the basic annual salary, performance salary, etc. as well as annual salary between the Defendant and the Defendant.

B. From July 2011 to December 2012, the Defendant paid the Plaintiffs benefits and retirement allowances, including various statutory allowances, according to the Defendant’s Rules of Employment and Benefit Regulations, including attached Table 3’201, 2011, and 2012.

C. The main contents of the Defendant’s employment rules and wage regulations are as shown in attached Table 2.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 6 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiffs' assertion that the defendant paid their achievements to the plaintiffs, ① annual salary, ② vehicle maintenance expenses, ③ bonuses should be included in ordinary wages, but the ordinary wages should be calculated with the exception of this, and the legal allowances (Extended work allowances, annual leave allowances, and weekly leave allowances) and retirement allowances were paid.

Therefore, the defendant should pay the difference between the amount of the above statutory allowances and retirement allowances from August 201 to December 2012 based on the fixed ordinary wages, including the payment items of the above achievements annual salary, etc., and the amount of the difference between the amount already paid and the damages for delay.

B. Whether the relevant legal doctrine constitutes ordinary wages (1) are regularly and uniformly paid as money and valuables agreed to be paid in return for contractual work, which is ordinarily provided by an employee during contractual work hours, such as premium pay for overtime, night leave work, pre-announcement of dismissal, annual leave allowance, etc., and ordinary wages as the minimum amount of average wage.

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