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(영문) 서울고등법원 2016.10.12 2015나25909
임금
Text

1. The part of the judgment of the first instance, including the plaintiffs' claim changed in the trial, against the plaintiffs is as follows.

Reasons

1. Basic facts

A. The defendant is a local government-invested public corporation that is established under the Local Public Enterprises Act and operates Seoul subway 5, 6, 7, and 8, and the plaintiffs are employed by the defendant and provide labor to or retired from the defendant until now.

B. (i) The main contents of the “Remuneration Regulations” stipulating the Defendant’s remuneration provisions, etc. concerning the Defendant’s executives and employees are as follows.

㈎ 2009. 1. 15. 규정 제442호 제2조(용어의 정의)

1. The term “repair” means the sum of the basic pay and various allowances;

6. “Allowance” means any kind of allowances as referred to in Article 13 of this Regulation;

7. The term “ordinary wages” means the total amount of basic wages, management improvement allowances, and meal service subsidies;

Article 4 (Calculation Criteria) The remuneration of officers and employees shall be monthly pay.

However, where it is necessary to pay a daily or hourly amount due to the nature of remuneration, the daily amount to be paid shall be 1/30 of the basic salary, and the hourly amount to be paid shall be 1/209 of the basic salary.

The calculation of remuneration when there is a change in status (Remuneration when changing status) of a person under Article 6 shall be as follows:

3. When he retires or dies, the full monthly remuneration shall be paid;

Provided, That the number of employees who have been issued to retire on the daily basis shall be calculated by the date of issuance for employees who have been discharged from office for less than six months and disciplinary action.

Article 13 (Kinds of Allowances) (1) Types, standards and objects of allowances paid by the defendant shall be as specified in attached Table 3.

(2) Two or more national technical qualification holders shall be paid only allowances for their high utilization of technical qualification.

Article 14 (Payment of Retirement Allowances) A person who has served as an executive or employee for at least one year and retires shall be paid a retirement allowance as prescribed by the Regulations on Retirement Allowance of Executive or Employee.

The calculation of average wages under Article 15 (Average Wages) shall be based on the basic salary, monthly allowance, and monthly allowance paid in the last three months before the date of occurrence of the cause for calculation.

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