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(영문) 대전고등법원 2019.08.22 2018나14364
임금
Text

1. Of the judgment of the first instance, the part against the plaintiffs in the judgment is modified as follows.

The defendant (attached Form 2) against the plaintiffs.

Reasons

After remanding, 69 workers in the production skilled service belonging to the Defendant, including the Plaintiffs, are co-Plaintiffs in the first instance trial, calculated based on ordinary wages, including regular bonuses, regular leave allowances, continuous work allowances, and allowances of 4/3 (hereinafter “regular bonus, etc.”) against the Defendant, on the grounds that the amount of regular bonus, regular bonus, etc. falls under ordinary wages, following 2:

The claim for the payment of the difference calculated by subtracting the above allowances already received during the same period from night extension work allowances, annual leave allowances, monthly leave allowances, paid holiday allowances, 4/3 compensation allowances, etc. (hereinafter “each of the instant allowances”) and the delayed payment damages.

The court of first instance acknowledged the Defendant’s obligation to pay only for the difference between the ordinary bonus, regular holiday allowance, paid holiday allowance, and annual holiday allowance calculated based on the fixed hourly ordinary wage, including continuous service allowance, and the difference between the difference between the two calculated based on the fixed hourly ordinary wage, excluding safety allowance, and the fixed hourly ordinary wage, but dismissed the claim on the ground that there is no difference between the annual holiday allowance and regular holiday allowance.

On the other hand, the co-Plaintiffs and the Defendant appealed against the part of the first instance court including the Plaintiffs, and before the remanding of the case, this Court recognized the Defendant’s obligation to pay only the difference between the amount calculated based on the hourly ordinary wage determined in the same manner as the first instance court and the difference calculated based on the hourly ordinary wage, less than the amount paid, but the annual leave allowance was already paid more, and the weekly leave allowance and paid leave allowance recognized in the first instance court are already included in the continuous service allowance.

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