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(영문) 인천지방법원부천지원 2014.09.17 2012가단43258
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. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 through 5 (including branch numbers; hereinafter the same shall apply) as to the basic facts, the plaintiff (appointed parties; hereinafter the "Plaintiff") may recognize the fact that he/she entered the defendant company on April 1, 199 and retires on December 31, 2012, and the Appointed B (hereinafter the "Appointed") was employed by each of the defendant company until he/she retires from the defendant company on June 7, 2005 and retires on July 6, 2012.

2. The parties' assertion

A. The plaintiff et al. regularly received 600% of the basic salary from the defendant company on a regular basis by dividing it into bonuses, so the above bonus shall be included in ordinary wages, and if the monthly average amount of the above bonus is calculated by including it in ordinary wages, the defendant company is obligated to pay to the plaintiff 8,529,08,620 won (the extended work allowance of KRW 6,95,910 for holiday work of KRW 371,20 for annual salary of KRW 371,420 for holiday work of KRW 371,20 for annual salary of KRW 1,201,750 for holiday work of KRW 15,556,230 for holiday work of KRW 1,391,780 for holiday work of KRW 15,56,230 for holiday work of KRW 1,560 for holiday work of KRW 1,560,610

B. From 200 to 2012, the Defendant Company paid the Plaintiff’s workers, including the Plaintiff, 300% of the red dog, and 700% of the large amount of bonuses. The instant bonus is not a fixed wage, and thus cannot be included in ordinary wages, and even if not, the Plaintiff’s claim for additional overtime allowances, etc. by including the instant bonus is contrary to the principle of good faith.

3. Determination

A. The following facts can be acknowledged in light of the contents of evidence Nos. 3 to 8 of the facts acknowledged as evidence, as a whole.

1 The rules of employment of the defendant company shall be as follows:

28.The regular bonus 28.1 shall be paid only for production and shall pay 400% of the annual basic salary.

28.2.1to be paid in the factory.

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