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(영문) 대법원 2018.12.28 2016다239680
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the misapprehension of legal principles as to ordinary wages and incomplete deliberation

(a) In order for a certain wage to be included in ordinary wages, it must be paid periodically, uniformly, and fixedly.

The wage for which whether to pay or pay is determined by evaluating the work performance of a worker during the period subject to payment is generally denied, but if the minimum amount of payment has been determined, such as paying a specified amount, even if it is rated below the lowest amount of payment for work performance, the minimum amount of wage is fixed.

In addition, where a worker determines whether to pay or pay a specific amount of wages in the year concerned according to the worker's work performance in the year concerned, since the payment or amount of the wages is fixed in the year concerned, the wages are fixed in the year concerned.

(see, e.g., Supreme Court en banc Decision 2012Da89399, Dec. 18, 2013). (B)

The judgment below

The reasons and records reveal the following facts.

1) The Defendant has already paid performance rates (in addition to basic pay, additional pay, and performance evaluation) to employees in addition to basic pay, etc., while introducing the annual salary system in around 2010, the Defendant has modified the wage system and paid performance-based performance-based incentives (performance-based, additional pay, and performance-based performance evaluation pay). 2) The Defendant’s performance-based performance-based performance-based performance-based performance-based pay ① the amount equivalent to 50% of the basic monthly pay in the year in which the performance-based performance-based performance is assessed and paid, ② the performance-based conversion payment that pays 250% of the basic monthly pay in the year in which the payment is made after evaluating the performance-based performance of the previous year from 2012, ③ the amount equivalent to 80% of the basic monthly pay in the year in which the performance-based employee was assessed and paid once in the year

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