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(영문) 대법원 2020.04.09 2015다75643
임금
Text

The judgment below

Among them, the full attendance allowance and paid holiday allowance of the plaintiff (appointed party) and the designated parties (excluding part of the Workers' Day).

Reasons

The grounds of appeal are examined.

1. Determination on the grounds of appeal by the plaintiff (appointed party, hereinafter "the plaintiff") and the defendant as to the scope of ordinary wages

A. The lower court determined that the Defendant’s payment of the CTV allowance, continuous service allowance, bonus, and food expenses by July 2008, the Defendant’s continuous service allowance and bonus paid by January 201, and the food expenses paid by January 201 constituted ordinary wages by means of a regular and uniform fixed wage, and that the CP allowance (CCTV) allowance and continuous service allowance paid by August 2008, and bonus paid by February 201 did not constitute ordinary wages.

In light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the scope of ordinary wages or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

B. The court of final appeal on the part of M Mutual-Aid Fund costs in January 201 may investigate and determine only to the extent of filing an objection as a ground of final appeal. As such, the written ground of final appeal should specify the grounds of final appeal and state specific and explicit reasons as to how to which part of the judgment below’s judgment

When the appellate brief submitted by the appellant does not state the above specific and explicit reasons, it shall be treated as not submitting the appellate brief.

(see, e.g., Supreme Court Decisions 97Da5126, Mar. 27, 1998; 2007Du23187, Jan. 24, 2008). The petition for final appeal submitted by the Plaintiff did not state the grounds for final appeal as to whether the “M Mutual-Aid Fees” paid by January 201 is included in the ordinary wage.

Among the appellate brief filed by the Plaintiff, the statement of “the summary of the original judgment and the summary of the grounds of appeal” is only stated as reasonable including “M Mutual-Aid Fees.”

The "specific grounds of appeal" is also M. paid in January 201.

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