(영문) 대구지방법원 2015.08.21 2014가합5566

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(영문) 대구지방법원 2015.08.21 2014가합5566

임금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company is an enterprise that manufactures and sells various kinds of air conditioners, freezings, and heating apparatus, and the Plaintiffs are employees belonging to the Defendant Company.

B. The Defendant Company has calculated and paid overtime work allowance, night work allowance, holiday work allowance, annual allowance, etc. (Article 44 of the Defendant Company’s collective agreement) with ordinary wage, excluding regular bonus, performance bonus (hereinafter “instant bonus”), and basic salary, position allowance, technical allowance, continuous service allowance, production encouragement allowance, etc. (Article 44 of the Defendant Company’s collective agreement).

C. On September 30, 201 and January 22, 2014, the Defendant Company concluded a collective agreement with the Korea Metal Trade Union Federation, each of which is the pan-feasible Trade Union, and the part relating to the instant case is as follows:

(2) Each of the following provisions shall be deemed to be common in each of the above collective agreements. Each of the following provisions shall be deemed to be applicable only within two hours after the start of work. (2) Each of the following provisions shall be deemed to be applicable only within two hours after the start of work. (4) Each of the above matters shall be treated as unpaid and shall be calculated in 30 minutes, and the number of working days shall not affect the number of working days. Article 23 [2] 60% of ordinary wages during the two-month period, 50% of ordinary wages during the two-month period, more than two months during the two-month period, more than four months during the four-month period and more than six months during the period of the leave, and 40% of the total amount during the period of the leave shall be paid as leave benefits rate for the portion during the leave period. Article 42 / [3] The Company shall pay bonus to its employees as ordinary wages by 55% per annum per month, and the Company shall pay 55% of ordinary wages to its employees as bonuses (see the Plaintiff’s labor-management and management statements.).

3 No person who retires before the base date of the payment of benefits shall be paid a bonus.

Defendant.

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