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(영문) 대법원 2020.07.09 2017다7170
임금 등
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Regarding the plaintiffs' grounds of appeal

A. The lower court, based on its stated reasoning, determined that bonus O/T allowances, O/T allowances, institutional improvementO/T allowances, group pension contributions, group accident insurance fees, life-saving gift expenses, camping membership fees, athletic games, achievements points, and research incentives do not constitute ordinary wages.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on fixedness

B. The lower court, based on the foregoing, invoked the legal doctrine of the Supreme Court en banc Decision 2012Da89399 Decided December 18, 2013, pertaining to cases where a claim for additional statutory allowances is not acceptable as it violates the good faith principle in a case where a regular bonus is added to ordinary wages and sought additional statutory allowances based thereon, and as stated in its reasoning, the lower court determined that, considering the labor-management agreement that was concluded on December 16, 2013 by the Defendant’s labor-management concluded on December 16, 2013, if a bonus is included in ordinary wages, the presumption of additional charges that the Defendant is obligated to pay to pay to the functional employees is the amount remaining at KRW 20 billion every year from 2010 to 2012. The Defendant paid a large amount of deficit since 2008 to 2015, the Defendant’s existence itself was at risk, Defendant’s basic bonus from 2009 to 209, and the Defendant’s labor-management attempted to agree to the Defendant’s risk at the given period.

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