logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.03.27 2014가합34527
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 has been engaged in the manufacturing and selling business of chemical products, and the plaintiffs are members of a trade union organized as workers of the defendant company (hereinafter "the trade union of this case").

B. While the Defendant has paid 800% bonus per annum to the employees, including the Plaintiffs (hereinafter “instant bonus”) by dividing the previous bonus into each even number month, reputation, etc., the Defendant did not pay the relevant period bonus to the retired workers before the payment date.

C. On December 200, the trade union presented as a proposal for renewal of the collective agreement the phrase “to pay bonuses on a daily basis to the retired person” in the course of collective bargaining with the defendant, but the defendant did not accept the above proposal and applied the same bonus payment criteria to the retired person.

The collective agreement concluded by the Defendant with the instant trade union and the rules of employment established by the Defendant relating to the instant bonus are as follows.

▣ 단체협약 제18조(임금의 원칙) ③ 임금 지급일은 매월 25일로 하고, 일요일이거나 휴무일인 경우에는 그 전일에 지급 한다.

Article 19 (Definition and Composition of Wages) (1) The term "wages" means all money and valuables paid to members as consideration for labor force, the composition thereof shall be as follows:

1. Basic pay (the basic pay for the occupational higher level, the basic pay for the occupational higher level);

2. Bonuses; and

3. Other various allowances.

4. Retirement pay;

5. Welfare expenses;

6. Other money and valuables paid temporarily. (2) A company shall pay other various allowances to the members concerned as follows:

1. Job allowances;

2. License allowances;

3. Job allowances;

4. Other allowances, etc. paid under a labor-management agreement. (3) Ordinary wages means wages determined to be paid annually to members who work on a prescribed basis, which consists of the following items:

1. Basic pay (the basic level of job-performance and the basic level of job-performance);

arrow