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(영문) 울산지방법원 2015.05.21 2013가합4223
임금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that manufactures and sells various steel products, and the Plaintiff A, B, and C are workers who work in the Defendant’s net tent factory, Plaintiff D, E, F, and G in the party’s factory.

B. Collective agreements between the Plaintiffs and the Defendant (hereinafter “instant collective agreements”) include the following:

Chapter VI. Article 65 (Reward) of the Working Conditions Act

1. The Company shall pay a bonus of 750% per annum to all employees in office as of the bonus payment date (one hundred percent per annum per even number of months, 200 per annum, 50%).

2.The terms of payment of bonuses shall be as follows:

[Basic pay = Basic pay x Monthly Working Hours) Ordinary Wage of 30H (2010 Convention) or 45H (2012 Convention) 】 The relevant payment rate

3. A company shall pay a performance bonus according to business performance;

Provided, That the payment rate shall be in accordance with the separate wage agreement.

CHAPTER 7. Education and Welfare Article 80 (Food)

1. The company shall provide members with meals at its own expense and provide them with special meals at least once a week;

(Provided, That part 1 shall provide lighting and heavy meals)

2. The extended worker shall provide meals free of charge;

3. When the quality of meal services is likely to be lowered due to a inflation in prices, costs for providing meals shall be increased;

4. The Company shall endeavour to provide a pleasant environment by supplementing a simple restaurant.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The gist of the parties’ assertion (i.e., overtime work allowances, night work allowances, and other various allowances to the Plaintiffs, the Defendant omitted bonuses and food expenses from among the wage items to be included in the calculation of ordinary wages that serve as the basis for payment.

As a result, the defendant paid only the allowances that fall short of the standard prescribed by the Labor Standards Act to the plaintiffs, it is reasonable to include the above bonuses and food expenses, such as the statement of the claim amount calculation sheet.

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