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(영문) 서울중앙지방법원 2015.11.12 2014가합45305
임금
Text

1. The defendant's claim amount by the plaintiff as stated in the "request amount" column for each plaintiff and each of the above amounts to the plaintiffs.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs asserted that they are employees in the defendant, and the defendant excluded internal evaluation pay (the amount applying the payment rate of 67% out of the internal evaluation pay) and special job allowances (the audit allowance, computer allowance, license and qualification allowance) in calculating ordinary wages.

However, the above money constitutes an ordinary wage, and thus, the Plaintiffs seek for the payment of overtime work allowance, holiday work allowance, and damages for delay to be additionally paid from September 201 to September 2014.

B. According to the Defendant’s remuneration regulations, remuneration is divided into annual salary and extra-annual salary. The annual salary is the basic annual salary and performance-based incentives (management performance evaluation wage, internal evaluation wage, work performance evaluation wage), extra-annual salary is the overtime work allowance (which falls under overtime work allowance under the Labor Standards Act), holiday work allowance (which falls under holiday work allowance under the Labor Standards Act), special duty allowance, and family allowance.

According to the Defendant’s remuneration regulations, ordinary wages are determined as monthly annual salary (the amount calculated by dividing the basic annual salary by 12), and allowances shall be calculated based on the above ordinary wages when overtime work and holiday work allowances are paid.

B) Article 33 of the Defendant’s Remuneration Regulations (Special Job Allowance) (1) The audit allowance in attached Table 5 shall be paid to the employees of Grade 3 A (excluding the team leader) or lower in charge of audit-related affairs.

(2) Computer allowances referred to in attached Table 5 shall be paid to employees in charge of computer affairs not exceeding Grade III (excluding the team leader).

(3) A license holder of a certificate related to the performance of duties shall be paid an allowance for license and qualification prescribed in attached Table 5.

Provided, That two or more kinds of qualifications or licenses holders shall be limited to one category of relevant duties.

‘Along with that, according to attached Table 5, 70,000 won, 50,000 won per month, 30,000 won, and 70,000 won per month according to the license and qualification certificates, according to the class of audit and computer allowances.

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