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(영문) 서울동부지방법원 2018.06.26 2016가단112908
임금
Text

1. On July 2015, the Defendant: the amount written in each of the cited amount column in the attached sheet to the Plaintiffs; and each of the above money.

Reasons

1. Basic facts

A. The Defendant is a quasi-governmental institution under the Ministry of Culture, Sports and Tourism, which is established to promote national sports, improve the level of sports games, and support projects related to the fostering of juveniles and to commemorate the Seoul Olympic Games, and to create, operate, and manage the Fund in order to conduct projects related to sports and science research.

B. The Plaintiffs are members of support or daily contract workers belonging to the Defendant, and are in charge of sales slips and money exchange affairs related to the bicycle and motorboat racing operated by the Defendant, and other office support affairs.

C. The Defendant has paid the Plaintiffs with daily pay system, long-term continuous service allowances, family allowances, transportation subsidies, meal service allowances, weekly holiday allowances, compensation allowances, duty allowances, overtime allowances, overtime allowances, night allowances, night allowances, annual allowances, non-working day allowances, night holiday allowances, performance-based allowances, welfare points, etc.

[Ground of Recognition] Unsatisfy, Gap evidence 1, Eul evidence 7 (including each number)

2. The parties' assertion

A. Although traffic subsidies, meal subsidies, long-term service allowances, welfare points, performance-based bonuses, and duty allowances paid by the Defendant to the Plaintiffs are included in the calculation of ordinary wages, the Defendant calculated ordinary wages with the exception of the above allowances, and paid each statutory allowances, such as extension allowances, holiday allowances, annual paid leave allowances, etc. Based on them, the Defendant is obligated to pay the difference between the statutory allowances paid and the allowances already paid to the Plaintiffs as statutory ordinary wages after January 2012, and to pay the unpaid retirement allowances.

B. The defendant asserts that it is unnecessary to consider the calculation of ordinary wages as the transportation subsidy, meal subsidy, long-term continuous service allowance, welfare points, performance rate, and duty allowance paid to the plaintiffs do not meet all the requirements of ordinary wages.

3. Determination

A. Whether a standard for determining ordinary wages falls under ordinary wages.

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