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(영문) 부산고등법원(창원) 2015.06.11 2014나2900
임금등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is paid to the plaintiffs according to the annexed list (4).

Reasons

1. Scope of trial of this court after remand;

A. Under the premise that the plaintiffs' continuous service allowances, (1) continuous service allowances, (2) traffic bath expenses, (3) Kim Ilpp, and (4) do not constitute ordinary wages, the defendant's payment of overtime work allowances, night work allowances, weekly leave allowances, holiday allowances, paid holiday allowances, annual allowance (hereinafter "each of the above allowances") to the plaintiffs during the period from April 1, 2008 to March 31, 201, calculated wages excluding the above-mentioned ① or the No.440. Thus, in addition to the remaining amount of money already paid to the plaintiffs, including the above-mentioned No.448, the defendant is liable to pay the plaintiffs the remainder after deducting retirement allowances already paid from the property-fixed retirement allowances as above, and delay damages therefrom, the first instance court determined that the above amount constitutes no dispute between the plaintiffs and the parties concerned.

Although the Defendant appealed against this and filed an appeal, the court of first instance held that: (a) the above-mentioned first instance court was a total wage; and (b) the court of first instance rejected the Defendant’s objection as to each claim amount calculated by the Plaintiffs on the grounds that there is no evidence that the Defendant’s confession made in the first instance court is against the truth and based on mistake.

As a result, the appeal was filed by the defendant, and the Supreme Court has also decided that the above continuous service allowance and the traffic bath expense are ordinary wages in light of the regular rate and fixedness of ordinary wages. However, in the case of the above 3 Kim Jongpp, 4 subordinate vacations, this is ordinary wages.

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