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(영문) 광주고등법원(전주) 2019.11.21 2017나11280
임금
Text

1. Of the judgment of the first instance court, the lower court lost Plaintiff DO, GH, PL, AB Q, ACC, and AHV equivalent to the amount ordered to be paid below.

Reasons

1. In the first instance trial, the Plaintiffs asserted that the minimum amount of doctor’s allowance, civil petition counter allowance, welfare points, and self-performance-based wages constitutes ordinary wages, and sought payment of property-fixed overtime allowance, annual leave allowance, retirement allowance, and delay damages. The first instance court determined that the remaining allowances except welfare points constitute ordinary wages and partly accepted the Plaintiffs’ claim.

In this regard, the defendant appealed against the part against which the defendant lost, and the plaintiffs appealed the remaining allowances except welfare points as ordinary wages, and finally revised the purport of the claim by setting the unpaid allowances and retirement allowances into property.

Therefore, the scope of this court's trial is limited to unpaid allowances and retirement allowances based on ordinary wages according to the remaining allowances except welfare points.

2. The reasons for this part of the underlying facts are calculated by the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that this part of the facts are identical to the corresponding part of the judgment of the court of first instance, except that the three-party 9 to 3-party 17 to 4-party 2 are as follows.

“3) The internal performance evaluation incentive (internal evaluation rating) shall be composed of money and valuables paid on the last day of July of the following year by evaluating the previous year’s work and paying the employee engaged in the previous year’s work, “government-management evaluation performance rate” and “self-performance performance rate (hereinafter “internal performance rate”)”. Among them, the self-performance rate shall be calculated by multiplying the standard amount for each class calculated on the basis of the total budget after the evaluation of government-management by the payment rate by internal grade.

A person shall be appointed.

3. The assertion and judgment

A. Summary of the argument 1) The plaintiffs' assertion 1 is a doctor's allowance, civil petition counter allowance, and the minimum grade of self-performance grade (hereinafter collectively referred to as "the allowances of this case") which the defendant paid to the plaintiffs.

section 2.2.

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