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(영문) 대법원 2020.05.14 2019다18174
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Determination on the grounds of appeal as to regular bonuses

A. The lower court determined that the Defendant’s regular bonus paid 100% of the agreed ordinary wage each year to the Plaintiffs each year in accordance with the collective agreement, and 50% each year in May and November, constitutes the ordinary wage paid periodically, uniformly and uniformly, as the consideration for contractual work.

Examining the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on ordinary wages, thereby adversely affecting the conclusion

B. The lower court on whether the Plaintiffs’ claim violates the good faith principle, and determined that the bonus, etc. in this case is included in ordinary wages, the amount of wage increase already agreed upon by the labor and management substantially exceeds

The Defendant rejected the Defendant’s defense of good faith, on the sole basis of the fact that a net loss occurred in 2015, based on the fact that the instant claim was difficult to recognize that it would cause serious managerial difficulties to the Defendant or endanger the existence of the company.

Examining the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the application of the principle of good faith.

2. The lower court, based on the Defendant’s rules of employment, determined that the instant life-saving bonus, which was paid 50% of the agreed ordinary wage to the Plaintiffs each year on the basis of the Defendant’s rules of employment, constitutes a fixed wage which is paid periodically and uniformly in proportion to the actual number of working days as the price for the agreed labor, and concluded an explicit implied labor-management agreement that pays life-saving bonus to the employees employed on the date of payment.

such a practice has been established.

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