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(영문) 서울고등법원 2016.11.11 2016나2021009
임금
Text

1. The part of the judgment of the court of first instance against the defendant ordering payment in excess of the following amount shall be cancelled:

Reasons

1. Basic facts

A. The defendant is a company that operates the business of the business of the business of the business of the business of the marinag and the musical instruments in Seo-gu Incheon, and the plaintiffs are employed by the defendant and provide labor.

B. The paid wages received from the Defendant as bonus (hereinafter “instant continuous service allowance”) and continuous service allowance (hereinafter “instant bonus”) on the attached Table 3’s “amount of unpaid allowances for each Plaintiff”, the monthly amount stated in the column for “additional ordinary wage” and “regular service allowance” on the attached Table 3’s “amount of unpaid allowances for each Plaintiff” (hereinafter “instant bonus”) were paid as the bonus, and the Defendant was paid as the instant bonus if the aforementioned bonus and continuous service allowance are collectively referred to as “the instant bonus, etc.”; and the Defendant: (a) considered each relevant monthly amount stated in the column for “existing payment allowance” in the attached Table 226 hours as the hourly ordinary wage; and (b) on the basis of such formula, deemed the Plaintiffs as the hourly ordinary wage, based on the said monthly amount stated in each relevant monthly overtime work allowance, the pertinent monthly paid holiday allowance indicated in the column for “regular payment allowance”, and the pertinent monthly paid holiday allowance, the pertinent monthly paid holiday allowance, and the pertinent annual paid holiday allowance, and the pertinent weekly paid holiday allowance (hereinafter “annual allowance”).

C. Details 1 of the wage agreement and the rules of employment of the Defendant (effective date: October 17, 2006; hereinafter “instant rules of employment”).

The main contents of the instant case are as follows. Working hours of employees under Article 7 (Working Hours) shall be 8 hours per week and 40 hours per week, and monthly working hours shall be 226 hours: Provided, That the calculation of the ordinary wage of a day-class employee shall be as follows: (a) the allowances included in the ordinary wage (basic wage x 30.4 days)/226 hours, and the scope of allowances included in the ordinary wage shall be limited to 226 hours per week:

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