logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.13 2013가단189966
임금
Text

1. The Defendant’s each money stated in the “request amount” column in the separate sheet to the Plaintiffs and its relation thereto from July 25, 2013.

Reasons

1. The following facts do not conflict between the Parties:

The defendant is a company that aims at a comprehensive construction business, chemical product manufacturing business, etc., and the plaintiffs are workers who worked in the preceding week of the defendant company before May 2011.

B. As of May 1, 201, the wage system of the Defendant Company was converted from the “salary salary system” to the “salary salary system” as of May 1, 201, and the main contents of the relevant salary regulations (hereinafter “instant salary regulations”) are as follows.

On the other hand, the defendant pays 90,000 won per month to all workers as transportation expenses.

Article 3 The remuneration of the members of the annual salary system shall be comprised of the following:

1. The standard annual salary;

2. Allowances other than annual salaries;

3. The basic annual salary for composition of the basic annual salary under Article 4 of the retirement allowances shall be comprised of:

1. Basic annual salary: 12/19.5 of the standard annual salary; and

2. A bonus annual salary: A method of payment under Article 13 of the standard annual salary. (1) The standard annual salary shall be paid in twelve equal parts each month.

Article 18 (Ordinary and Average Wages) (1) Monthly ordinary wages shall be the amount calculated by dividing the basic annual salary by 12.

(2) The ordinary wage per hour shall be 1/209 of the monthly ordinary wage.

C. Based on the ordinary wages under the instant remuneration provision, the Defendant paid fixed OT allowances, in-depth work allowances, alternate work holiday allowances, education allowances, and annual monthly salary allowances to the Plaintiffs.

2. The parties' assertion

A. The bonus, annual salary, and transportation expenses that the defendant alleged by the plaintiff to the plaintiffs constitute ordinary wages.

Nevertheless, the Defendant calculated ordinary wages, excluding bonus, annual salary, and transportation expenses (hereinafter “this case’s bonus annual salary, etc.”), and paid fixed OT allowances, in-depth work allowances, alternate work allowances, education allowances, and annual monthly salary on the basis of this.

Therefore, from May 201 to February 2013, the Defendant: (a) fixed OT allowances, including the bonus annual salary, etc. in the instant case, which are determined as property, (b) late-time work allowances, shift work allowances, education allowances, etc.; and (c) education allowances.

arrow