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(영문) 대전지방법원 2018.05.02 2017가합103584
성과급지급기준확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a public corporation engaged in the transportation of railroad passengers and cargo, and the plaintiff is an employee belonging to the defendant.

B. When paying piece rates to executive officers and employees, the Defendant applied the method of applying the individual’s basic salary by multiplying the individual’s piece rate by the payment rate of piece rates according to the government’s results of management evaluation, and then multiplying the individual’s basic salary by the differential rate according to the internal evaluation. From 2010, the Defendant changed the payment standard by the method of multiplying the individual’s basic salary by 12/15 of the payment rate of piece rates and the differential rate according to the government’s internal evaluation.

C. On November 9, 2014, the Defendant entered into an agreement with the Korean Railroad Workers’ Union with the content that “the piece rates of employees shall be paid on the basis of basic pay: Provided, That the performance rates of employees shall be implemented after consultation with the Government, and actively endeavored to do so (hereinafter “Agreement”) and on May 13, 2015 with respect to the wages in the year 2015, the Defendant entered into an agreement with the Government that “the payment standards of performance pay shall be the basic pay for each individual from the year 2016 after consultation with the Government.”

(hereinafter referred to as “the wage agreement of May 13, 2015”) d.

Around July 2015, the defendant paid 12/15 of the basic salary of each individual for general and special positions of class 3 or below, as in the past, as the payment standard amount, according to the management evaluation performance rate in 2015, and the above performance rate has been paid on the same basis until now.

E. Article 20(1) of the Defendant’s Remuneration Regulations and Article 20(1) of the Enforcement Rule of the Remuneration Regulations (amended by Act No. 20(1) of the Enforcement Rule of the Defendant’s Remuneration Regulations) refers to the Government performance evaluation rate, internal evaluation rate, and self-performance rate of employees.

shall be paid in accordance with the criteria for payment separately determined by the president, reflecting the evaluation of the government's management performance and internal management evaluation.

Provided, That if the president deems it necessary, it shall be paid in installments after the results of the government's payment rate are determined.

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