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All appeals are dismissed.
Of the costs of appeal, the name of the plaintiff (Appellant) and the name of the plaintiff (Appellant).
Reasons
The grounds of appeal are examined.
1. Judgment on the grounds of appeal by the Plaintiffs listed in the Plaintiffs’ List (Appellants) and the Attached List 3 (Appellants and Appellee) (hereinafter “Plaintiffs”).
A. As to the assertion in the grounds of appeal on the ordinary wage of internal performance rating, the lower court acknowledged facts as indicated in its reasoning, and determined that, on the grounds that it is difficult to see that the internal performance rating of performance-based incentives can be calculated by clearly distinguishing the internal performance rating and the performance-based rating from the performance-based incentives, and even if it can be calculated separately, it is difficult to readily conclude that performance-based incentives that are equivalent to the internal performance-based incentives have become final and conclusive, the internal performance-based incentives cannot be deemed as having the fixedness required in ordinary wages because it is difficult to determine whether the pertinent additional conditions have been fulfilled or not at the time of providing labor at a voluntary date and it cannot be deemed that the minimum payment has been finalized.2) The Supreme Court’s determination based on the results of work conducted by workers during the period subject to payment, it can be deemed that the fixedness is generally denied as wages for the period
However, if the payment of a minimum amount is determined, such as the case where a certain amount is paid even if a certain amount of work performance is the lowest wage, the minimum wage can be said to be a fixed wage.
However, in a case where a worker’s wage for the pertinent year is determined as a wage for the pertinent year according to the worker’s work performance in the previous year, if the payment of the wage or the amount of the wage is fixed in the pertinent year, it shall be deemed that the wage constitutes a fixed wage in the pertinent year.
However, the wages for which the payment or amount of payment is determined based on the evaluation of the work performance of the previous year.