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(영문) 전주지방법원 2014.06.25 2013가합1104
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are technical employees employed by the Defendant, and are labor union members belonging to the AI branch.

B. Article 31 (Reward) of the Rules of Employment of the Defendant provides that “The matters concerning bonus shall be separately determined by the wage rules: Provided, That the Company may pay a special performance-based bonus (hereinafter “the instant piece-based bonus”) according to the performance of business in addition to bonuses,” and Chapter V of the Rules of Benefit does not provide for the instant piece-based bonus and only provide for the bonus as follows.

Article 36 (Standards for Payment of Annual Salaries) The annual salary contract position shall be paid in accordance with the annual salary contract, and the bonus to the members in technical service shall be paid 750% of the annual monthly fixed pay (basic salary and family allowance).

Article 38 (Time of Payment) Annual salary contract shall be paid in accordance with annual salary contract, and 600% of the bonus to the members in technical service shall be paid in equal installments with the wage payment date each month, and 50% of the bonus shall be additionally paid in New Year’s Day, Lower Year’s Leave and Year’s Year’s Year’s Year’s Year’s Day.

C. Article 10 of the Defendant’s retirement allowance payment provision provides that the calculation shall be based on 3/12 of the total bonus paid in the last one year in calculating the average wage that serves as the basis for the calculation of the retirement allowance, and the Defendant calculated the average wage on the basis of the total bonus, including the instant piece rate, pursuant to the above provision at the time of the payment of retirement

From 2007 to 2012, the Defendant has continuously increased sales and operating profits, and the instant piece rate has been paid from 2004 to 2012.

E. On December 26, 2011, the Defendant, through a resolution of the 64th Labor-Management Council, set the payment criteria for the performance-based bonus in 2011 as follows:

The payment method of piece rates in the year 2011 shall be made by dividing them into the amount evaluation (300%) and the amount of individual evaluation (100%) item.

The evaluation of killed in action shall be conducted.

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