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(영문) 창원지방법원 2020.01.16 2018가합52245
임금
Text

1. The Defendant stated to the Plaintiffs in the “total sum” column of “the claim amount sheet by Plaintiff” as set forth in the separate sheet and the corresponding money.

Reasons

.A person who retires from active service, is reinstated, has been temporarily laid off, has been injured, or has been subject to disciplinary action, shall be paid on a daily basis based on ordinary wages;

Article 6 (Calculation of Work Hours as Bonuses) Any person subject to the calculation of bonuses shall be paid by calculating the number of working days per two months (60 days) during the period of application of the payment of bonuses to reinstatements and those suspended from office due to disciplinary action.

(Amount of bonus = Ordinary wage 】 Number of working days/60 days) Provided, That the foregoing shall not apply to the payment of a bonus for snow-to-land and the payment of a special bonus (performance-based pay).

The criteria for the payment of bonuses to new members (persons less than six months) when paying bonuses provided for in Article 40 of the Benefit Regulations shall be as follows:

1. Persons whose continuous service period is less than three months from the date of entry: 100,000 won;

2. Persons whose continuous service period is not less than three months but less than six months from the date of entry: 50%.

3. Workers whose continuous service period is not less than six months from the date of entry: 100% payment of 100% * The continuous service period shall be applied to 700% of the bonus prescribed by the wage rules and the bonus (performance-based pay) specially paid without the provision on the salary shall not be applied to the continuous service period.

Article 8 (Standards for Calculation of Extended Work Allowance) Labor allowance for extended holidays = Ordinary wage ¡À217 hours ± Work hours for extended holidays 】 150%

C. The Defendant calculated ordinary wages with the exception of bonuses according to the collective agreement and work guidelines of the instant case (hereinafter “instant bonus”), and paid statutory allowances (Extended night working allowance, annual paid leave allowance) to the Plaintiffs on the basis of the calculation of ordinary wages. Plaintiff C, D, E, F, and G, who applied for interim settlement of retirement pay, calculated average wages based on the statutory allowances paid as above, and paid interim settlement of accounts.

[Ground for recognition of facts] Unsatisfy, entry of Gap evidence No. 134 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The Parties’ assertion.

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