logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.28 2016가단20136
임금
Text

1. The Defendant shall pay to the Plaintiffs each amount stated in the separate sheet No. 1, and from March 5, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is a juristic person established to prevent hazards caused by elevators pursuant to the Elevator Facilities Safety Management Act and to systematically promote elevator safety management business, and the plaintiffs are the general office workers or contract-based workers of the defendant as stated in the attached Form 1.

B. According to the Defendant’s wage rules, for regular workers in general service, the sum of the basic pay and the qualification allowance and the long-term continuous service allowance shall be deemed as ordinary wages, and for contract workers, only the basic pay shall be deemed as ordinary wages.

C. Main contents of the provision that serves as the criteria for payment of wages for workers belonging to the defendant are as shown in attached Form 2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including virtual number), Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Among the various kinds of allowances claimed by the plaintiffs, welfare points and incentives incentives (hereinafter collectively referred to as the "each of the instant allowances") fall under ordinary wages, the defendant should regard only the benefits excluding these allowances as ordinary wages, and calculate and pay the overtime allowance and annual leave allowance accordingly. Thus, the defendant should pay the difference between the overtime allowance and annual leave allowance actually received by the plaintiffs in the amount of the annual overtime allowance including the various of the instant allowances.

B. 1) Determination 1) If an employer’s money and valuables paid to an employee constitute wages, the money and valuables should first be paid as remuneration for work. As such, even if the money and valuables were paid continuously and regularly, if it cannot be deemed that the money and valuables were paid as remuneration for work, it cannot be deemed as wages.

Here, the occurrence of the duty to pay money or goods is the provision of labor in determining which money or goods are paid as the object of labor.

arrow