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(영문) 서울고등법원 2017.04.19 2016나2083847
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiffs the attached Form 2.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established under the National Health Insurance Act and engaged in the health insurance business, etc., and the plaintiffs are employees of Grade III or lower who are employed by the defendant.

B. The Defendant’s wage system consists of basic pay, allowances, and bonuses. The main contents of the Defendant’s salary regulations are as follows.

(Remuneration Regulations have been amended several times from March 2013 to February 2016, but there is no particular amendment to the following contents, and thus it is not specifically distinguished. [Remuneration Regulations] Article 3 (Definition of Terms) of the Definitions is defined as follows:

1. The term “repair” means the sum of basic pay, various allowances and bonuses;

2. The term "basic pay" means a basic wage paid by class or salary class according to the complexity of duties, degree of responsibility, period of service, etc.;

6. The term "retirement allowances" means additional allowances paid according to working conditions, living conditions, etc.;

7. The term " bonus" means the amount paid pursuant to Article 23;

Article 23 (Reward) (1) Bonuses shall be paid 15 percent of the basic salary as of the date of payment of bonuses on March, June, September, and December each year to employees excluding persons subject to the application of the annual salary system.

(2) No bonus shall be paid to a person who is less than one month of employment, and a person who falls under any of the following subparagraphs shall be paid daily based on his/her service period:

1. A person who is employed for at least one month but less than three months as of the last day of each month in which bonuses are paid;

2. A person who does not perform his/her duties due to temporary retirement, suspension from office, removal from position, etc. during the period of bonuses (referring to the period from the first quarter to the end of each quarter);

(i) A person who takes a leave of absence due to an occupational injury or disease shall be deemed a person who has performed his/her duties during a bonus payment period;

3. A person who has been employed for not less than three months and is liable for payment of bonuses.

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