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(영문) 서울중앙지방법원 2016.12.16 2014가합506152
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a company engaged in the manufacture and sale of vehicles and parts, and the plaintiffs are those who retired from office on each resignation date stated in the "date of retirement" list of the retirement dates by plaintiff 2, while serving as an employee belonging to the defendant.

The defendant on March 31, 1999, the former B Co., Ltd. and the same year.

8.2. Of the former C Co., Ltd. (amended by November 200 to D Co., Ltd.), the vehicle sector was merged (hereinafter the former B Co., Ltd.; hereinafter the former C Co., Ltd. is referred to as “former C Co., Ltd.”; hereinafter the former C Co., Ltd. is referred to as “former C Co., Ltd.”; hereinafter the former C Co., Ltd. is specifically classified by the Defendant’s trade name before the merger; hereinafter “former A”), 22. E, 50.F, 52 G, 54.H, 66.I, 66.J, 69, J, 70, K, 75 L, 75 L, 77 M, and 78 were employees of the former C Co., Ltd., and were affiliated with the Defendant Co., Ltd. according to such merger.

Relevant provisions, such as a collective agreement [Collective Convention] Article 46 (Definition and Composition of Wages) (1) refers to all money and valuables paid to members on the basis of Article 2 (1) 5 of the Labor Standards Act.

(2) The basic pay and various allowances shall be paid as prescribed by the salary regulations and the various allowances regulations.

(Attachment of Allowances) Company 47 (Payment of Wages) shall pay its members’ wages on the 25th day of each month in case of a monthly wage system and on the 5th day of the following month in case of a City wage system.

Provided, That in principle, if the payment date is a holiday, it shall be paid on the day preceding such holiday.

Article 49 (Scope of Ordinary Wages and Average Wages) (1) The scope of ordinary wages and average wages shall be governed by the Labor Standards Act.

(2) Items applicable to ordinary wages and average wages shall be governed by a separate agreement.

§ 53 (Reward) Companies shall pay bonuses as follows:

1. Amount paid: 750% of ordinary wages;

2. Timing for payment: 10% of each other, 50% of the New Year's Day, New Year's Day, and next Year's Day, respectively, (Employment Rules) the wages of employees under Article 47 (wages) shall be governed by the salary regulations separately set forth;

Article 48 (Rewards) The Company shall consider annual achievements to its employees.

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