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(영문) 서울중앙지방법원 2015.08.13 2014가합14493
임금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The defendant is a company running banking business, and the designated parties are currently employed by the defendant or retired workers.

B. The Defendant has paid the following wages to its employees in accordance with the rules of employment, such as the Regulations on Retirement Benefits.

1) Basic annual salary for wage item: The basic performance wage, qualification wage, job-based bonus, welfare-based bonus (e.g., food, commuting, general cost, welfare-based bonus): The basic performance wage, profit-sharing cost, statutory allowance: the overtime work allowance, the annual leave allowance for the month of home, the basic wage, qualification wage, job-based wage, and heavy food as "ordinary wage", and based on this, welfare pension, basic performance wage, overtime work, overtime work allowance, annual leave allowance, home event cost, home event cost, self-development cost, and self-development cost calculation 3). (1) The total amount under paragraph (2) is defined as the "average wage" and calculated based on this calculation, including the basic wage, qualification wage, job-based wage, heavy attendance, welfare allowance, welfare allowance, the basic performance wage paid for the year preceding the retirement day, the basic wage paid for the year preceding the retirement day, the amount equivalent to 12/1200 of Gap's annual leave, the purport of which is 3/1200 of Gap's arguments.

2. The parties' assertion

A. Plaintiff 1) In spite of the fact that the total amount of commuting expenses, welfare pension, basic performance wage, home’s monthly event expenses, self-development expenses (monthly), and self-development expenses (monthly) constitute ordinary wages as remuneration for prescribed work with regularness, daily rate, and fixedness, the Defendant paid welfare pension, basic performance wage, overtime work allowances, annual leave allowances, home’s monthly event expenses, self-development expenses (monthly), and self-development expenses (annual) based on the ordinary wages calculated without excluding them.

Therefore, the defendant, including the above commuting expenses, based on the ordinary wage determined by the property, including the ordinary wage, from December 1, 2009 to January 1, 2012.

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