logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.05.30 2016다213480
임금
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by the Plaintiffs, the lower court, on the grounds as indicated in its reasoning, determined that the part of the Plaintiffs, even if holiday work was performed during working hours exceeding 40 hours in the statutory working hours during the period of their duty to work, does not exceed eight hours a day, only the premium for holiday work would be paid for the portion not exceeding eight hours a day, but also the premium for overtime work would not be paid duplicately, rejected the Plaintiffs

Examining the record in accordance with the Supreme Court en banc Decision 201Da112391 Decided June 21, 2018, the lower court did not err by misapprehending the legal doctrine on the payment of premium pay for holiday work and overtime work, contrary to what is alleged in the grounds of appeal.

2. As to the Defendant’s ground of appeal

A. The lower court recognized the fact that the Defendant paid 880% of the bonus standard amount to the annual salary-based workers equally and equally as bonus, and that even if they were retired before the payment date, the Defendant paid the bonus on a daily basis according to the number of working days, and determined that the bonus on the annual salary system constitutes the fixed wage that is regularly and uniformly paid.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err by misapprehending the legal doctrine regarding ordinary wages or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence.

B. In light of the Defendant’s operating profit and short-term net profit, additional statutory allowances, and amount of retirement allowances, the lower court determined that even if bonus is obligated to pay additional statutory allowances and retirement allowances, including ordinary wages, it is difficult to deem that the Defendant has serious managerial difficulties. The instant claim for additional statutory allowances, etc. is filed.

arrow