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(영문) 대법원 2020.04.09 2015다44069
임금
Text

All appeals are dismissed.

Of the costs of appeal, the part of the appeal by the remaining plaintiffs except the plaintiff T is above.

Reasons

1. Judgment on the remaining grounds of appeal by the plaintiffs other than plaintiffs T

A. The lower court, based on the first ground of appeal, determined that the bonuses paid by the Defendant only to the employees in office as of the monthly payment date pursuant to the wage agreement do not constitute ordinary wages because it lacks fixedness.

Examining the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine on ordinary wages, contrary to what is alleged in the grounds of appeal.

B. The second instance court, on the ground of appeal, determined that the instant food substitute did not constitute ordinary wages, because it did not refund the right to food that the Defendant directly paid to workers or issued to the employees and did not use, but it did not correspond to ordinary wages when the employees provided meals at the designated article restaurant.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on wages or ordinary wages, contrary to what is alleged in the grounds of appeal.

C. Ground of appeal No. 3 1) The former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018; hereinafter “former Labor Standards Act”)

) The holiday work that ought to be paid in addition to 50/100 or more of ordinary wages as holiday allowance pursuant to Article 56 includes not only weekly holiday work as prescribed in Article 55 of the same Act, but also the work on the day determined by a collective agreement or employment rules as holiday work (see Supreme Court Decision 90Da14089, May 14, 191). Whether a holiday is determined shall be determined by comprehensively taking into account the language and text of the provision regarding holiday work in a collective agreement or employment rules, as well as the background leading up to such provision, the regulatory system and practices regarding working hours in the same industry as the relevant workplace, the name and amount of wages actually paid, and the method of calculating the amount of wages.

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