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(영문) 대법원 2016.12.29 2016다26099
임금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the first instance judgment partially admitted by the lower court and the evidence duly admitted by the lower court reveals the following facts.

Article 22(2) of the former Remuneration Regulations (amended by Act No. 13, Jan. 13, 2012; hereinafter “former Remuneration Regulations”) provides that “The annual payment rate of the basic bonus shall be 300% and shall be 150% in principle for each half-yearly payment,” but Article 22(2) of the amended Remuneration Regulations (amended by Act No. 113, Jan. 13, 2012; hereinafter “Revised Remuneration Regulations”) amended that “The annual payment rate of the basic bonus shall be 300% and 75% in principle for each quarter.”

B. Accordingly, Article 19(1) of the former Enforcement Rule of the Remuneration Regulations (amended by January 13, 2012; hereinafter “Enforcement Rule prior to the amendment”) of the Defendant’s former Enforcement Rule of the Remuneration Regulations (hereinafter “Enforcement Rule prior to the amendment”) provides the payment date for the basic bonus and the period for the calculation of the root period.

3. 15.M., the period for calculation of root shall be the previous year.

9. From 16. to 16.

3. Until 15. In the second half, the base date for payment.

9. 15.M., M. M. M. and M. M. M. Calculation period;

3.16.16.0

9. Until January 15, 201, Article 19(1) of the Enforcement Rule of the Remuneration Regulations amended on January 13, 2012 (hereinafter referred to as the “Revised Enforcement Rule”) provides that “(i) the date of payment”.

3.15. 15. Payment, March of the month, 75% of the payment rate, and the period from December 16 of the year preceding the previous year.

3. 15. Up to 15. (2) Criteria for payment.

6. 15. 15. 6 months of payment, 75% of payment rate, and period of calculation for probation;

3.16.16.0

6. 15. Up to 15. (3) Criteria for payment.

9.15. 15. Payment, September of the month, 75% of the payment rate, and the period of calculation for probation;

6.16.16.0

9. Until December 15, 12.15.15.15.2.2.33.33.44.44.44.

9. The amendment was made from 16. to 12.15. (c) The amendment was made in accordance with Article 18(1) of the Enforcement Rule prior to the amendment, “Basic bonus shall be calculated based on the base wage as of the base wage as of the base date of payment.”

‘Article 19, Section 2'.

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