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(영문) 대법원 2018.12.27 2016다39538
임금
Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds of appeal by the Plaintiffs, the lower court acknowledged the fact that the Defendant paid the Plaintiffs an amount equivalent to 100% of the standard amount of payment stipulated in the collective agreement to each even number of months as bonus (hereinafter “instant bonus”), and determined that the Defendant was liable to pay statutory allowances calculated by adding the instant bonus to ordinary wages.

On the other hand, the court below rejected the plaintiffs' assertion that the defendant paid wages to production workers, including the plaintiffs, in the form of monthly salary, including weekly holiday allowances as prescribed by the Labor Standards Act and holiday allowances for workers' day, and that the bonus paid every two months already included weekly holiday allowances and holiday allowances for workers' day, and that the bonus paid every two months already included weekly holiday allowances and workers' day, it sought the difference between weekly holiday allowances calculated by including the bonus in the ordinary wage and weekly holiday allowances for workers' day and paid holiday allowances for workers' day, and rejected the plaintiffs' assertion in the attached Form 4 of the judgment below, which sought the difference between the weekly holiday allowances calculated as well as weekly holiday allowances and paid holiday allowances for workers' day.

(2) However, it is difficult to accept the above determination by the lower court.

Among the fixed allowances paid to an employee in the City-based or daily rate system in addition to the basic hourly wage or basic daily wage for a month or for a period exceeding one month, the paid holiday allowances, which are legal allowances, which are paid by deeming him/her as having performed duties, even if he/she does not actually perform duties on paid holidays granted under Article 55 of the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018), unless otherwise prescribed by the labor contract, collective agreement, etc.

Therefore, it is true.

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