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1. The Defendant’s KRW 1,592,903 as well as the Plaintiff’s annual rate from September 21, 2016 to July 6, 2017.
Reasons
1. Facts of recognition;
A. The defendant is a juristic person established pursuant to the Local Public Enterprises Act in order to contribute to the stability of citizens' residential life and the improvement of welfare and the development of local communities through urban development projects, and the plaintiff is an employee
B. The Defendant’s wage system consists of salary and various allowances. The Defendant paid to the Plaintiff the bonus allowance, ② class allowance, ③ school meal allowance, ④ transport allowance, ⑤ welfare points, ⑤ holiday leave expenses, ② household stability expenses, and ④ institutional performance allowance (hereinafter collectively referred to as “instant salary”).
C. The provisions related to the instant benefits are as shown in Appendix 1.
[Basis] Facts without dispute, Gap evidence Nos. 3-1 through 4, Gap evidence Nos. 5 and 6-1, 2-2, Eul evidence Nos. 3, 5 and 7, and the purport of the whole pleadings
2. The Defendant asserted that the Plaintiff had excluded the instant benefits when calculating ordinary wages, which form the basis of calculation of various statutory allowances, such as overtime work allowances, holiday work allowances, annual leave allowances, and weekly leave allowances for the Plaintiff.
The instant benefits constitute ordinary wages, which are regularly and uniformly paid in return for the prescribed labor, and thus, should be calculated based on the amount included in the instant benefits.
Accordingly, from the amount of overtime work allowance, holiday work allowance, annual leave allowance, and weekly leave allowance, etc. during the period from 2013 to 2015, the Plaintiff is obligated to pay the difference to the Plaintiff, and the Defendant is obligated to pay the difference to the Plaintiff.
3. Whether the instant benefits constitute ordinary wages
A. Ordinary wages, which the Labor Standards Act, which does not fall under bonus allowance and ordinary wages, stipulate as the basis for calculation of additional wages for overtime, night work, pre-announcement of dismissal, annual leave allowance, etc., and as the minimum amount of average wages, shall be the work hours determined between an employer and an employer within the scope of statutory