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(영문) 대법원 2016.08.30 2013다213816

임금

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiff G, H, I, J, K, L, M, N, Q, X, Y, AA, AB, AC, AD, AE, AF, AP, Q.

Reasons

1. The Defendant did not enter the grounds of appeal in the petition of appeal against the Defendant’s appeal, and did not submit the grounds of appeal within the lawful period of submission.

2. According to the reasoning of the judgment below, the court below partially accepted the above plaintiffs' claims based on the amount calculated by applying the additional rate of 50% for overtime work hours within the limit of 40 hours per week, and the amount calculated by applying the additional rate of 150% for overtime work hours exceeding that of 40 hours per week to the above plaintiffs as a result of the defendant's payment of wages to the above plaintiffs per month for overtime work, according to the reasoning of the judgment below.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, there are some inappropriate parts in the reasoning of the judgment below, but the conclusion is acceptable.

In so doing, contrary to what is alleged in the grounds of appeal, there is no error of misapprehending the legal principles on the calculation method of overtime allowance under the Labor Standards Act.

3. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the defendant and the costs of appeal between the plaintiff G, H, I, K, K, M, M, Q, X, Y, AB, AC, AD, AE, AE, AP, Q, AR, and AS, and the costs of appeal are assessed against the defendant. The costs of appeal between the plaintiff, the plaintiff, the P, P, R, S, T, U, V, Q, AR, AP, AF, AH, AH, AJ, AJ, AK, AK, AM, AM, N, AT, AT, AU, AV, AV, and the defendant are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문