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(영문) 전주지방법원 군산지원 2017.02.10 2016가단53218
임금
Text

1. The passenger of the defendant Shin Jae-sung Co., Ltd. is the plaintiff 1 to 13, and the passenger of the defendant Hysan Co., Ltd. is the plaintiff 14 to 1

Reasons

1. The parties’ assertion;

A. As stated in the Plaintiffs’ claim and the written application for the change of the reasons for the claim, the daily allowance that the Plaintiffs received from the Defendants falls under ordinary wages, and thus, the Plaintiffs set an ordinary wage including the ordinary wage, and then claims an additional portion of the extended allowance, night allowance, holiday allowance, weekly holiday allowance, paid holiday allowance, annual holiday allowance, and annual allowance based on the added wage, and ② the amount of the average wage should be increased including the aforementioned additional allowance and daily allowance, and accordingly, the Plaintiffs claim the additional amount of the retirement allowance, and ③ in the case of retirement of the Plaintiffs, the Plaintiffs claim the additional amount of the retirement allowance in consideration of the above additional allowance and additional bonus that occurred during the period

B. The defendants did not dispute the defendants' assertion as to whether the aforementioned plaintiffs' ordinary wages constitute daily wage, the method of determining property at ordinary times, and the claims for additional retirement allowances according to the re-determination of property. However, the plaintiffs' claim for additional retirement allowances does not dispute. However, with respect to the plaintiffs' claim for the difference in the bonuses, bonuses are not legal allowances, but voluntary allowances, and should be paid within the amount of wages determined by the agreement between labor and management, on the premise that the bonuses should be paid within the amount of wages determined by the wage table attached to the wage agreement. As long as the defendants already paid bonuses to the plaintiffs, it is argued that there is no need to pay additional bonuses in proportion to additional allowances and daily allowances. This is naturally disputing the claims for additional retirement allowances based on the additional bonuses.

(However, if the claim is not accepted, there is no dispute over the amount). 2. Determination

A. Since the Defendants did not dispute the Plaintiffs’ claims for additional allowances, the part related thereto is related thereto.

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