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(영문) 서울남부지방법원 2016.09.28 2015가단212842
임금
Text

The defendant shall pay to the plaintiff KRW 53,54,417 as well as 5% per annum from March 18, 2016 to September 28, 2016, and the next day.

Reasons

Basic Facts

On October 27, 1986, the plaintiff was employed by the defendant company and has served until now. The defendant is a corporation established for the purpose of production, sale, installation, repair, etc. of elevators, etc., and the amount of capital in the corporate register is equivalent to 1.2 billion won.

The details of the part related to this case in the collective agreement of April 1, 2012 (term of validity is from April 1, 2012) of Defendant Company shall be attached.

1. The same is as indicated in the collective agreement in 2014 (the term of validity is from April 1, 2014) is as follows: (a) the collective agreement in 2014 (the term of validity is from April 1, 2014) shall include “communication expenses” and “breathing expenses” in ordinary wages in ordinary wages, but, except in the payment of bonuses, the total wages reflected in bonuses are the same as the collective agreement in 2012 instead of that provided that the separate agreement shall be followed on December

(hereinafter referred to as the “instant collective agreement”). Under the said collective agreement, the Defendant paid the employees the instant bonus of 800% per annum (hereinafter referred to as the “instant bonus”) totaling 100% of the basic salary and allowances (except for job allowances, commuting allowances, food expenses, communication expenses, and bathing expenses) to the employees in 2,4,6,8,10,000,000 and was excluded from the calculation of ordinary wages.

From 208 to 2015, the Defendant did not pay bonuses to employees who did not hold office on the date of payment among 124 workers retired from the technical post. Among them, in 2012, 2012, 15 workers retired from the technical post who applied the instant collective agreement, and 13 of them were retired on the last day of the even number month (i.e., the date of payment of bonuses), and two of them were withdrawn on the date on which they were not the date of payment of bonuses.

(1) The Plaintiff’s assertion of the purport of the entire pleadings constitutes ordinary wages, inasmuch as the bonus in this case is a money paid periodically, uniformly, and regularly to an employee as remuneration for contractual work, and thus constitutes ordinary wages. The Plaintiff’s assertion of the purport of the entire pleadings constitutes a money and valuables paid periodically, uniformly, and fixedly to an employee as remuneration for a contractual work.

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