Mar 22 • 01:35 UTC 🇰🇷 Korea Hankyoreh (KR)

Supreme Court: The performance bonuses linked to management results from LX Glass are not considered wages and are not included in retirement pay.

The Supreme Court of South Korea ruled that performance bonuses linked to management results at LX Glass do not qualify as wages and should not be included in retirement calculations.

In a recent decision, the Supreme Court of South Korea ruled that performance bonuses awarded to employees of LX Glass, previously known as Korea Glass, based on the company's management results are not considered wages. This ruling arose from a lawsuit filed by 36 current and former employees who argued that these bonuses should be incorporated into the calculation of their average wages, consequently affecting their retirement pay. While the trial and appellate courts had ruled in favor of the employees, the Supreme Court overturned these decisions, stating that the company's net income—which determines the size of the bonuses—is influenced by various factors beyond mere labor performance.

The Supreme Court highlighted that net income is structurally determined by broader considerations such as the company’s capital, expenditures, market conditions, and management decisions, and not solely on the labor provided by employees. The court emphasized that performance bonuses were intended to motivate workers rather than serve as direct compensation for their labor. As such, they do not meet the legal criteria to be classified as wages under South Korean labor law.

This ruling has significant implications for employees who rely on performance bonuses as part of their overall compensation package. The previous decisions by lower courts might have sparked a trend in which similar claims could have gained traction across other industries. By clarifying the legal distinction between wages and bonuses, the Supreme Court's decision may deter future claims based on the incorporation of bonuses into wage calculations, thus reinforcing the company's position in the labor market regarding profit-sharing agreements and compensation structures.

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