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(영문) 서울중앙지방법원 2015.08.13 2013가합65999
임금 청구의 소
Text

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 is a company running banking business, and the plaintiffs are those who are employed and currently in office for the defendant, or retired workers at the relevant date indicated in the "Retirement Date" column in attached Table 3.

B. The Defendant has paid the following wages to its employees in accordance with the rules of employment, such as the Regulations on Retirement Benefits.

1. Basic annual salary for wage item: The basic performance wage, qualification wage, job-based bonus, welfare-based bonus (e.g., food, general cost, general cost, welfare-based bonus): The basic performance wage, profit-sharing cost, statutory allowance: the overtime work allowance, the annual leave allowance for the month of home, the basic wage, qualification wage, job-based wage, and heavy cost as the ordinary wage, and based on this, the basic wage, basic performance wage, overtime work, overtime work allowance, annual leave allowance, home event cost, self-development cost, and self-development cost (e.g., average wage) are defined as the "average wage" and the calculation of the total amount under paragraph (2) is based on the calculation of the basic wage, qualification wage, job-based wage, heavy cost, welfare allowance, the basic wage paid for the year preceding the retirement day, the basic wage paid for the year preceding the retirement day, the purpose of proving the total amount of Gap’s annual leave allowance, the purport of the arguments within the scope of 13/12 through 3/120 of the arguments.

2. The parties' assertion

A. Plaintiffs 1) Although the total amount of commuting expenses, welfare pension, basic performance wage, home’s monthly event expenses, self-development expenses (monthly), and self-development expenses (monthly) constitute ordinary wages as remuneration for prescribed work with regularness, daily rate, and fixedness, the Defendant paid welfare pension, basic performance wage, overtime work allowance, annual leave allowance, home’s monthly event expenses, self-development expenses (monthly) and self-development expenses (annual payment) based on the ordinary wages calculated without excluding them.

Therefore, the defendant is from October 1, 2010 to October 2013 on the basis of the ordinary wage determined by property, including the above commuting expenses.

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