logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2020.08.20 2020나16
임금
Text

1. The remainder of the judgment of the court of first instance, excluding the part finalized by a judgment of remand, is as follows:

Reasons

The scope of the court's adjudication

A. On the ground that continuous service allowances, work allowances, annual allowances, L Mutual-Aid Association allowances, food expenses, bonus, etc. (hereinafter “niversity allowances, etc.”) against the Defendant constitute ordinary wages, the Plaintiffs sought reimbursement of the difference and delay damages calculated based on the ordinary wages calculated including continuous service allowances, etc. (hereinafter “instant request period”) from April 2009 to December 201, which were determined based on the Plaintiffs’ ordinary wages, including overtime work allowances, etc. (hereinafter “instant request period”), including overtime work allowances, night work allowances, weekly leave allowances, full attendance allowances, paid holiday allowances, and annual allowances, and the remainder after deducting the aforementioned allowances from the basic wages paid during the same period.

In addition, the Plaintiffs sought against the Defendant the payment of the difference and damages for delay after deducting the retirement allowances already paid from the retirement allowances calculated based on the reasonable average wage determined based on property based on the fixed average wage, based on the hourly ordinary wage that includes continuous service allowances, etc., and the aforementioned allowances, L. Mutual-Aid Association expenses, food expenses, and CCTV allowances.

Preliminaryly, in cases where bonuses are not included in ordinary wages, the Plaintiffs sought payment of the difference between the remaining amount after deducting the bonus already paid from the bonus during the instant claim period, which was calculated based on the hourly ordinary wage that was fixed as above, and the average wage, including the above-paid bonus, on the basis of the average wage that included the fixed bonus, and the amount of the difference between the retirement allowance paid and the already paid retirement allowance.

B. The first instance court included allowances, work allowances, annual beginning allowances, and continuous service allowances, L Mutual-Aid Association allowances, and bonuses before the application of the wage agreement in 2011, but included overtime and night work hours, taking into account the “additional rate” for the calculation of premium allowances, when calculating the total working hours for the calculation of hourly ordinary wages, and on the premise of the aforementioned determination, included overtime allowances, night work allowances, and weekly leave allowances, calculated based on the hourly ordinary wage, based on the premise of the aforementioned determination.

arrow