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(영문) 대법원 2020.06.11 2017다54008
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the ordinary wage of even number month bonus, the lower court determined that even number of months bonus that the Defendant regularly paid to the Plaintiffs in accordance with the collective agreement and wage agreement, etc. was ordinary wage, since the even number of months bonus that the Defendant paid to the Plaintiffs periodically, uniformly and uniformly, as the price for contractual work.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles

2. With respect to the method of calculating the amount of additional statutory allowances, the lower court determined that the Defendant is obligated to pay the Plaintiff additional statutory allowances equivalent to the difference between the allowances reasonably calculated and the allowances already paid, based on the extended working hours, night work hours, Saturdays’s working days, weekly working days, weekly working days, weekly working days, and the number of days of non-use annual paid annual leave, including ordinary wages, and that the Defendant is obligated to pay the Plaintiff additional statutory allowances equivalent to the difference between the allowances paid and the allowances already paid.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, some of the reasoning of the lower court is somewhat inappropriate, but the lower court’s aforementioned determination is justifiable.

In so determining, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on calculation of allowances.

3. As to the violation of the good faith principle on the claim for additional statutory allowances, the lower court, based on its stated reasoning, may have a possibility that the Defendant would suffer from business difficulties to a certain extent in the short-term period due to the payment of additional statutory allowances, including the bonus of even number of months as ordinary wages

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