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(영문) 서울고등법원 2017.01.13 2016나2028178
임금
Text

1. Of the judgment of the court of first instance, the decision against the plaintiff (appointed party) and the designated parties that ordered payment below.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. 1) The parties’ assertion 1) The Plaintiffs’ differential basic salary and the basic performance and salary (hereinafter referred to as “instant key wages”) are as follows.

(3) In light of the above legal principles, the Defendant’s assertion that the Defendant’s payment of overtime work allowance (Extended night work allowance) and annual paid leave allowance (hereinafter “instant paid leave allowance”) based on the ordinary wage calculated except the instant wage constitutes ordinary wage.

The Defendant paid the Plaintiffs the statutory allowances of this case (from July 201 to June 2014) calculated based on the ordinary wage calculated based on the instant ordinary wage, including the instant wage, to which the Defendant deducted the “actually paid statutory allowances” from the statutory allowances of this case (hereinafter “unpaid statutory allowances”).

(2) The Defendant’s key wage at issue does not constitute a contractual wage but is not recognized as fixed. Therefore, it does not constitute ordinary wage.

B. The instant legal doctrine as to whether the instant wage constitutes ordinary wages refers to the standard for calculating premium pay for overtime, night work, and holiday work, pre-announcement of dismissal, annual leave allowance, etc., and ordinary wage, which is the minimum level of average wage, as stipulated under the Labor Standards Act, refers to the money and valuables agreed to be paid as compensation for contractual work, which is ordinarily provided for in contractual work hours, and paid periodically and

The term "fixed wages" means the minimum amount of wages that a worker who has worked on a voluntary day, regardless of the name of the wages, retires on the following day, even if he/she retires, in return for his/her daily work.

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