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(영문) 창원지방법원진주지원 2019.02.15 2014가단7267
임금 등
Text

1. The Defendant’s KRW 6,05,000 and the Plaintiff’s annual rate of KRW 5% from June 21, 2014 to February 15, 2019.

Reasons

1. Basic facts

A. On January 1, 1986, the Plaintiff was employed and worked as a street cleaners from the Defendant and retired on December 31, 2012.

B. The Defendant paid wages to the Plaintiff based on reference materials for the compilation of the budget for labor cost of Yellow Sulwon. Of the above criteria for the payment of wages, the part related to this case is as shown in attached Form 1.

(hereinafter referred to as the “instant wage payment standard”) C.

The Defendant paid the Plaintiff basic pay, (i) bonus (finite allowance, physical strength allowance, and fixed-term work allowance), (iii) fixed-amount allowance (family allowance, work encouragement allowance, and special work allowance), and (iv) welfare expenses (fixed-amount meal allowance, household subsidy, traffic subsidy, and long-term leave allowance) calculated as set out in the instant wage payment standard.

On the other hand, the Defendant calculated only basic pay, special duty allowance, work encouragement allowance, household subsidy, fixed meal allowance, and transportation subsidy as stipulated in the wage payment standard of this case (hereinafter “existing part”) as ordinary wage, and paid the Plaintiff holiday work allowance and annual paid leave allowance, respectively, based on this part’s ordinary wage (hereinafter “existing ordinary wage”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, 8 through 11, and the purport of the whole pleadings

2. Confirmation of ordinary wages which are the basis for calculation of statutory allowances;

A. Among the wages that the Defendant alleged to the Plaintiff, the Plaintiffs’ payment of holiday leave expenses, weather allowances, good attendance allowances, and physical training expenses constitutes ordinary wages under the Labor Standards Act by nature, and thus, the instant wage payment standard, excluding the ordinary wages, is invalid only because it sets working conditions that do not meet the standard under the Labor Standards Act, and thus, is invalid.

B. Whether certain wages belong to ordinary wages or not shall be based on whether the said wages are regularly, uniformly, and fixed as money and valuables paid to workers as remuneration for contractual work.

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