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(영문) 서울중앙지방법원 2020.01.17 2018가합572782
임금
Text

1. The defendant shall state to the plaintiff A, C, D, E, F, G, H, I, J, and K in the "total" column for each plaintiff in attached Form 2.

Reasons

Basic Facts

A. The defendant is a company aimed at insurance business, asset management, etc.

B. The plaintiffs are or were workers of the defendant.

(Plaintiff, C, D, AH, F, G, AI, L, M, M, N, P, AJ, Q, Q, J, and K retired from the Defendant on each of the corresponding dates stated in the “date of retirement” in the table of the amount cited in attached Form 2. The ground for recognition was without any dispute. The purport of the argument in the entirety of the arguments is that family allowances, job allowances, regular bonuses, transportation expenses, and clothes expenses (hereinafter collectively referred to as “instant allowances”) out of the salaries paid to the Plaintiffs constituted ordinary wages, but the Defendant paid annual allowances, overtime allowances, and overtime allowances calculated by excluding the instant allowances from ordinary wages.

Therefore, for the period from 2013 to 2017 (hereinafter “request period”), the Defendant should pay the difference (including delay damages) calculated by deducting the annual allowances and overtime allowances paid by the Plaintiffs from the ordinary wage, including the instant allowances, from the annual annual allowances and overtime allowances paid by the Plaintiffs.

Furthermore, as the Defendant calculated the average wage at the time of the payment of retirement allowances to the retired Plaintiffs, and did not reflect the above annual allowance and non-paid part of the overtime allowance in the average wage, it is necessary to pay the unpaid retirement allowance, reflecting this.

The following facts may be acknowledged in full view of the overall purport of the pleadings in each statement of Gap evidence Nos. 1, 2, 4, 8, 9, and Eul evidence Nos. 2 and 3 (including branch numbers; hereinafter the same shall apply).

1) The Defendant’s rules of employment applicable to the Plaintiffs (hereinafter “instant rules of employment”).

The contents pertaining to this case among the work hours, holidays, annual leaves, various allowances, bonuses, etc. shall be as follows: Article 36 (Work Hours).

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