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(영문) 서울남부지방법원 2017.12.15 2017가합104812
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is a company established with the objective of producing, selling, installing, repairing, etc. elevators, etc., and the plaintiffs are employees who are employed by the defendant and work until now.

B. The Defendant paid wages, etc. 1) 10% of the basic salary and allowances (excluding the family allowances, continuous service allowances, production encouragement allowances, harmful allowances, qualification allowances, remote areas allowances, job allowances, job allowances, position allowances, position allowances, commuting allowances, and food expenses) to its employees, and 800% of the basic salary and allowances (excluding the job allowances, attendance allowances, food expenses, communication expenses, and bathing expenses) per annum on the basis of two months, April, June, June, August, August, August, October, October, October, 100, 100 per annum (hereinafter “instant bonus”).

(2) The Defendant calculated ordinary wages by excluding the instant bonus, and paid overtime work allowances, night work allowance, weekly paid leave allowance, and annual leave allowance to the Plaintiffs.

C. The content of the part related to the instant case, among the Defendant’s collective agreements in 2012 (the term of validity is from April 1, 2012) under the provisions of the collective agreement, is as stated in the attached Table 3 “collective agreements in 2012”. The collective agreement in 2014 (the term of validity is from April 1, 2014) additionally includes “communication expenses” and “booming expenses” as ordinary wages, but, except for bonuses payment, the total wage reflected in bonuses is the same as the collective agreement in 2012 as a substitute, except where the collective agreement in December 18, 2014 is to comply with separate agreements.

hereinafter referred to as "the collective agreement of this case"

(ii) [based on recognition] unsatisfy, Gap 1, 2, 7, 14 (including each number, if any; hereinafter the same shall apply);

- The purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion that the defendant made a motion to file all lawsuits on the bonus of this case with the labor union consisting of its employees, and the labor union's consent to a majority of the union members.

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