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(영문) 창원지방법원 2018.01.18 2016가합54483
임금
Text

1. On August 18, 2017, the Defendant stated the Plaintiffs’ respective money in the “personal fee” column in the attached Table 2 list, and as to the money.

Reasons

1. Facts of recognition;

A. The defendant is a company engaged in mechanical parts manufacturing business, etc., and the plaintiffs are the defendant's workers.

B. From April 2014, the Defendant calculated ordinary wages, excluding regular bonuses and preservation allowances, and paid various allowances (overtime allowance, overtime night work allowance, night work allowance, and annual allowance) based on this. However, the weekly holiday allowance (overtime work allowance under Article 55 of the Labor Standards Act) and idle allowances (paid holiday allowance under the collective agreement) were paid on the basis of the agreed day wage between the Plaintiffs and the Defendant, not ordinary wages.

C. As to the wages from April 2014 of the Plaintiffs, collective agreements between the Defendant and the National Metal Trade Union on February 12, 2015, which were concluded between the Defendant and the National Metal Trade Union, are retroactively applied. Of them, the provisions relating to regular bonuses are as follows:

50% of the annual basic salary shall be paid as a regular bonus, but 100% of each of the six,8, and December, 100, 100% of each of the three days before the New Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's Year's

A regular bonus shall be calculated on a daily basis as of 25 days in cases of entry, reinstatement, temporary retirement, or retirement before the payment date of regular bonus.

A regular bonus shall be paid 100% of the payment rate only for those who have served for at least six months.

In addition, the defendant and the Korean Metal Trade Union agreed on September 26, 2012 regarding the preservation allowances as follows.

The defendant shall grant a paid leave of one day per month to an employee with perfect attendance of contractual working days per month.

A monthly leave may be freely divided and used only for one year.

A monthly leave of absence shall be compensated by paying 100% of ordinary wages on the first month’s benefit payment day after the first year.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleading

2. The parties' assertion

A. Although the plaintiffs' assertion, regular bonuses, and preservation allowances constitute ordinary wages, the defendant shall pay the plaintiffs regular bonuses and preservation allowances from April 2014.

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