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(영문) 서울남부지방법원 2017.05.16 2016가단23827
통상임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2001, the Plaintiff agreed to receive wages under the comprehensive wage system with the Defendant Company, and joined the Defendant Company as the crew of the Defendant Company and retired on June 21, 2013.

B. The wages paid by the Defendant Company to the Plaintiff is composed of basic salary, extension allowances, night allowances, holiday allowances, public holiday allowances, continuous service allowances, and transportation expenses, as shown in the classification column of the attached monthly salary table.

[Attachment 1] As indicated in the above table, the amount of overtime allowance, night allowance, and holiday allowance paid by the Defendant Company to the Plaintiff was calculated by the following methods. The basic salary is calculated by deeming the basic salary as the wage for 226 hours per unit hours, and was calculated by calculating the amount calculated according to the method of calculating the allowance for overtime hours, night work hours, 52 hours, and 12 hours for overtime hours, regardless of actual overtime hours, regardless of overtime hours. 2) The continuous service allowance was paid in accordance with the standard of continuous service allowance of the Defendant Company in accordance with the provisions for continuous service allowance of the Labor Standards Act (Evidence 2) and the amount indicated in the attached Table of the calculation standard of continuous service allowance for each part of the Defendant Company, and the transportation expense was paid as a fixed amount.

C. In addition, the Defendant Company paid a regular bonus and life-saving bonus to the Plaintiff as bonus in accordance with the bonus regulations (see attached Table 2) set forth in the Defendant Company’s salary standard (Evidence B) (see, e.g., “the bonus regulations”). The amount was calculated and paid on the basis of the amount indicated in the wage calculation column set in the attached Table.

When the Plaintiff retires, the Defendant Company calculated and paid the retirement allowance based on the amount indicated in the column for the amount paid in the attached Table of “Amount of monthly salary” to the Plaintiff.

E. Meanwhile, the Plaintiff received medical care due to industrial accidents from January 11, 2013 to May 2, 2013.

Grounds for recognition: dispute.

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