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(영문) 서울고등법원 2019.03.19 2018나2009058
임금
Text

1. The lower court order the remainder of the Plaintiffs except Plaintiff AX in the first instance judgment to pay the following amount.

Reasons

1. The reasoning of the judgment of the court of first instance regarding the instant case is as follows: (a) the reasoning of the judgment of the court of first instance is as stated in the remaining part of the grounds of the judgment, except for those parts related to paid or unpaid allowances, accident-free allowances, and overtime allowances, which were withdrawn by the court of first instance; and (b) thus, such part shall be cited pursuant to the main sentence of

2. The 7th page of the judgment of the court of first instance is "," and the 6th page of the judgment of the court of first instance is "," and the 7th page and the 7th page of the same parallel are deleted.

Part 8 of the judgment of the court of first instance, the first to Twelve of the first to Twelve of the judgment are as follows.

A person shall be appointed.

C. 1) Whether bonuses constitute ordinary wages is the Defendant’s payment of monthly bonuses by dividing the amount equivalent to 600% per annum of basic pay into 12 installments per year with all regular workers entitled to payment. Therefore, there is no dispute between the parties concerned, and thus, the bonuses paid to regular workers may be deemed to have been paid periodically and uniformly. However, the Defendant is obliged to pay bonuses only when regular workers have worked for at least 13 days per month under the collective agreement concluded with the A trade union in 2012 or the individual agreement established with the Plaintiffs, and thus, the Defendant is obliged to pay bonuses (hereinafter “requirements for working days for at least 13 days per month”).

(2) The Defendant’s bonus lacks fixedness and thus does not constitute ordinary wages, and the following are examined. (2) According to the evidence No. 3 as to the assertion based on the collective agreement in 2012, the Defendant’s bonus is “a collective agreement in 2012, in which the Defendant and the A Trade Union are the parties,” and “a collective agreement in 2012.”

The collective agreement shall be prepared, and it may recognize the fact that the contents that bonuses shall be paid only to workers who have worked for at least 13 days a month.

However, evidence No. 6-1, 1.

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