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(영문) 서울중앙지방법원 2019.10.22 2018가단5276501
임금
Text

1. The defendant falls under the attached Form 2’s Schedule to the plaintiffs listed in the plaintiff’s list (excluding A No. 82).

Reasons

1. Facts of recognition;

A. The defendant is a public corporation that runs the business of formulating mining damage prevention plans by mine and devising mining damage prevention measures, and the plaintiffs are the workers belonging to the defendant.

B. According to Article 21 of the Defendant’s “Personnel Remuneration Regulations”, the Defendant’s performance-based performance-based bonus is distinguished from “performance-based bonus” and “intest bonus”, and the Defendant’s performance-based performance-based bonus is differentiated according to each individual or department within budgetary limits of the pertinent

In addition, according to Article 9 of the Enforcement Rule of the Employee Remuneration Regulations, “performance bonus” is paid differently according to the internal evaluation results (Paragraph 1), and the rate of payment of incentives shall be based on the results of government management evaluation, and in principle, payment shall be made after the payment rate is determined (Paragraph 5), and detailed criteria for payment shall be separately determined by the president (Paragraph 6).

C. The Defendant, based on the performance record of the previous year, set the criteria for the payment of performance-based incentives according to the Defendant’s resolution of the standing directors’ meeting, and paid performance-based incentives to the Plaintiffs.

In addition, performance-based incentives are paid in proportion to the number of days of service in the year of payment. It shall be paid only to employees who have worked for at least two months during the evaluation period, and if the status is changed during the evaluation period, it shall be applied to the evaluation class of the department immediately before the date of personnel announcement, and if there is a change in the status during the evaluation period, it shall be paid by calculating the number of days of personnel announcement as of the date of personnel announcement.

From August 2, 2017, the enforcement rule of the defendant was amended to include performance-based incentives in the ordinary wage range, and subsequent allowances are paid.

[Reasons for Recognition: Facts without dispute, Gap 1 through 13, each entry in Eul 1 through 7, the purport of the whole pleadings]

2. Whether performance-based incentives are included in ordinary wages.

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