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(영문) 서울고등법원 2015.12.23 2015나2005390
임금
Text

1. Of the judgment of the court of first instance, the period specified in the attached Table 1 to the plaintiff (appointed parties) and the appointed parties against the defendant.

Reasons

1. Basic facts

A. The Defendant is a legal entity established under the Korea Land and Housing Corporation to acquire, develop, stockpile, and supply land, develop and maintain a city, and build, supply, and manage housing, and the Plaintiff, etc. is the workers belonging to the Defendant.

B. The Defendant’s employees’ remuneration, excluding the employees in charge of supporting work, consists of annual salary (basic annual salary, performance-based incentives, and various allowances and welfare expenses).

The defendant's provisions at issue in this case are as follows.

▣ 취업규칙 제22조(근무수당) 시간외근무, 야간근무, 휴일근무에 대해서는 직원보수규정에 따라 수당을 지급한다.

▣ 직원보수규정 제2조(정의 및 적용범위) ① 이 규정에서 사용하는 용어의 뜻은 다음 각 호와 같다.

4. The term "performance-based annual salary" means remuneration paid according to the department to which an employee belongs and an individual's performance, etc.;

8. The term "basic monthly salary" means an amount calculated by dividing the basic annual salary by 12;

Article 5 (Performance-Based Annual Salaries) (1) A performance-based incentive shall be paid by applying the basic monthly salary of the preceding year to the rate of payment determined according to the Government's results of management evaluation and internal

Provided, That detailed matters concerning the methods of performance evaluation and differential payment rates of individuals and departments shall be separately determined by the president.

(2) The president shall separately determine matters necessary for the installment payment of performance-based incentives under paragraph (1).

Provided, That the temporary retirement employee, the suspended employee, and the dismissed employee shall be paid by settling accounts on a daily basis, excluding the period of the disposition or the period of dismissal from position.

Article 6 (Additional Benefits) (1) Items to be paid and standards for payment of additional benefits shall be as specified in attached Table 4.

In such cases, the term "ordinary wage" means the basic monthly salary.

The overtime work allowance 】 ordinary wage 】 1.5/209 】 Article 56 of the Part-time Labor Standards Act shall apply.

Attached Table 4 Items and Criteria for Payment of Additional Benefits

C. The defendant is above.

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