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(영문) 서울남부지방법원 2018.07.06 2017가합106498
임금
Text

1. The defendant

A. The “request amount” column in the attached Table 2 attached hereto to the Plaintiff 1 through 180 listed in the Plaintiff’s list.

Reasons

1. Basic facts

A. The defendant is a company conducting installment financing business, etc., and the plaintiffs are employees belonging to the defendant, who were or were retired from office.

B. The Defendant’s wage rules are as follows.

Article 3 (Definition of Benefits) (1) of the Benefit Regulations means an annual salary.

(2) An annual salary shall consist of a basic annual salary and an individual performance-based salary.

(4) Monthly salary means an amount calculated by dividing the basic annual salary by 12.

Article 4 (Monthly Benefit Payment Date) (1) Monthly Wage shall be paid on the 21st day of each month, and if the payment date is a holiday, it shall be paid in order on the preceding day.

Provided, That if necessary, the payment date may be changed temporarily with the approval of the president.

Article 14-3 (Assignment to Office) The head of the department and the staff corresponding thereto may be paid a position-based position position as determined by the board of directors.

Article 15 (Payment of Performance Incentives) (1) An individual performance-based wage shall be paid to employees according to the evaluation of their personal performance, and organization performance wage may be paid according to the company's business performance, individual service performance, etc.

Article 16 (Subject, Criteria, and Timing of Payment) (1) Individual performance shall be paid to employees who have worked for the relevant year of performance evaluation.

Provided, That those determined by bylaws shall be excluded by the president.

(4) The standards and timing for payment of piece rates shall be prescribed by bylaws.

Provided, That the board of directors shall determine the standards for payment of performance bonuses for registered directors.

Article 4 (Calculation of Benefit) (1) of the Enforcement Rule of the Regulations on Benefit Regulations shall be paid on a daily basis on the basis of the date of appointment, appointment, promotion of salary, temporary retirement, suspension from office, reinstatement, salary reduction, etc.

(2) Notwithstanding paragraph (1), in cases of retirement, an individual performance-based wage corresponding to the period of continuous service shall be paid by calculating the total amount of monthly salary for that month and by the time of retirement.

In such cases, an individual performance evaluation shall not be conducted on the individual performance rating.

However, retirement due to the retirement and disciplinary action of an employee who has determined the monthly wage as a daily wage.

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