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(영문) 울산지방법원 2021.01.14 2019나16451
임금
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and the purport of the appeal shall be the first instance.

Reasons

The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted in the court of first instance and the trial are examined, it is recognized that the facts of first instance and the judgment are legitimate.

Therefore, the reasoning of the judgment of this court is the same as the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiffs as to the assertion that the plaintiffs emphasize in the trial of the party, and thus, the meaning of the language used in this case is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act (hereinafter the meaning of the language used in this case is the same as that of the judgment of the first instance

A. According to the rules of employment of the Defendant asserted by the Plaintiffs and the collective agreement concluded between the Defendant and the KK Trade Union (hereinafter “collective agreement”), 400% of the base salary per annum shall be paid based on annual salary, and 200% of the bonuses shall be paid in installments every month, and the remaining 200% of the bonuses shall be paid in equal installments at the time of New Year’s Day, 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 Year’s Year’s Year’s Year’s Year’s Year’s Year’

According to the agreement on the change of the detailed items of wages entered into between the organization agreement and the defendant and the K union, the continuous service allowance, which was included in ordinary wages, was abolished and the fixed amount of allowances was paid, and the fixed amount of allowances was paid periodically, uniformly, fixed, it should be included in the calculation of ordinary wages.

B. Determination 1) The wages paid only if the number of working days meets the relevant legal doctrine and the number of working days are paid only when the fulfillment of the additional conditions that meet a certain number of working days, as well as the provision of labor. Whether such conditions are fulfilled is an uncertain condition that cannot be determined at the time of providing overtime night work on a voluntary day, and thus, it cannot be said that it has fixedness (Supreme Court Decision 2012Da8939 Decided December 18, 2013, etc.).

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