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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company running soil construction business, etc., and the Plaintiff is an employee of the Defendant from October 27, 2010 to May 22, 2013, who retired while driving dump trucks.
B. During the Plaintiff’s work period from February 201 to May 2013, the Defendant paid the Plaintiff KRW 855,520 per month’s basic salary, KRW 130,980 for weekly leave allowances, KRW 659,030 for overtime work hours and KRW 150,000 for technical allowances, and KRW 855,520 for each even number of months. The Defendant paid KRW 100 per month of basic salary as regular bonus. The Plaintiff worked for total 2,839 hours and holidays for the same period.
C. On the other hand, on June 10, 2014, the Plaintiff submitted a written petition against the Defendant on June 10, 2014, to the Seoul Regional Employment and Labor Office, and the Plaintiff was unable to receive KRW 3,654,230 from the Defendant in the said petition case, and the Defendant representative director issued a summary order of KRW 1 million on September 27, 2014, on the ground that he did not liquidate money and valuables for KRW 3,654,230 for the Plaintiff’s overtime allowance. The above summary order was finalized on September 15, 2014, by issuing a summary order of KRW 1,00,000 as Seoul Central District Court Decision 201Da19095.
The regular bonus in the wage regulations of the defendant are as follows:
Article 22 (Regular Bonuses) (1) Regular bonuses paid by a company in the nature of wages shall be paid only to workers on the day of payment.
(2) A new and career-based person shall be paid bonuses in accordance with the following subparagraphs:
1. Persons who have experienced in the career shall be paid the daily calculation of the number of days subject to payment of bonuses after employment;
2. No new employee shall be paid bonuses for three months during a training period;
Provided, That within six months after the entry, the amount of 180 days shall be calculated by the number of working days.
(3) In principle, regular bonuses shall be paid on the date of wages payment, except in extenuating circumstances.
recognized.