logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.21 2014가합569436
임금
Text

1. The defendant shall state to the plaintiffs the "total sum of the subscription amount" stated in the "total sum of the subscription amount" in attached Table 2.

Reasons

1. Basic facts

A. The plaintiffs are workers working in the mountain, mountain, shot, and the Army Center, which are affiliated with the defendant's work force at the Army, the main body of the defendant.

B. Around 2010, the Defendant, while converting the wage system from the salary system to the annual salary system, decided to form the Plaintiffs’ wages as “basic annual salary” and “the allowances other than annual salary”; and the detailed items of the allowances were comprised of ① bonuses, ② fixed-term allowances, ③ household support expenses, ④ regular leave expenses, ⑤ family allowances, and vi) transport support expenses.

C. According to the above conversion of the annual salary system, the Defendant entered into an annual salary contract with workers including the Plaintiffs from 2010 to 2013. The content of the basic annual salary was that the amount calculated by dividing the total amount of the basic annual salary by 1/12, and KRW 130,000,000,000,000,000,000,000,000,000,000 won per worker.

In addition, Article 2(2) of the Labor Contract provides that "in principle, the amount of allowances shall be determined by the defendant in a lump sum, and shall be paid on the day designated by the defendant, such as life saving and quarter, but the monthly settlement shall be made according to the worker's will, and the amount of allowances by item shall be specified in the salary statement, etc., and Article 2(6) of the Labor Contract provides that "the meal expenses shall be paid at actual expenses in lieu of the provision of allowances in kind, and the amount of meal expenses may be paid after deducting the difference in the publication of allowances

From January 2010, the Defendant paid the Plaintiffs overtime work allowances, annual leave allowances, etc. calculated only the basic annual salary as ordinary wages when paying the basic annual salary, allowance, etc. from around January 201, which implemented the annual salary system.

[Collective Agreement] Article 18 (Types of Wages) (3) Ordinary wage refers to hourly wage, daily wage, weekly wage, and weekly wage, which shall be paid to members for contractual or total labor.

arrow