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(영문) 부산지방법원 2018.11.29 2012가합8058

임금등

Text

1. Out of the instant lawsuit, Plaintiff B’s unpaid night work allowances from July 1, 2010 to October 31, 201, and weekly holiday allowances.

Reasons

1. Basic facts

A. The Defendant, a company established for the purpose of passenger transport service, etc., operated an urban bus route (e.g., Ulsan-gun) in Ulsan-si, which was launched in 197 while operating the bus route from the year 1982.

B. The Plaintiff (Appointeds), the designated parties, and the Plaintiff (hereinafter collectively referred to as “Plaintiffs”) are employed by the Defendant as bus drivers.

The retired persons (Appointed C retired on June 30, 2010, and the remaining plaintiffs retired on October 31, 201) and the members of the Korea Automobile Trade Union's Ulsan District Passenger Service Branch (hereinafter "this case's Trade Union") at the time of the full-time driver's employment.

C. On October 26, 2009 and September 13, 2010, the Defendant concluded each collective agreement and the wage agreement pursuant thereto between the Trade Union and the instant union. The part relating to each of the said collective agreement and the wage agreement is as follows.

(hereinafter “A” refers to the Defendant. A’s collective agreement dated October 26, 2009 (hereinafter “the collective agreement of 2009”).

Article 6 (Working Hours) (1) In principle, A shall provide employees with eight hours a week and 40 hours a day excluding hours of recess, but may be extended by up to 20 hours a week in consideration of the special characteristics of passenger transportation services, and the number of actual working days shall be same as the number of working days in the separate wage schedule.

Article 7 (Work System) (1) In principle, the work system shall be one day preceding a day, and it may be applied as 14 days preceding a month and flexible work hours system may be applied.

(Provided, That the two-time service system per day of urban bus shall be completely implemented on July 1, 2010, and shall be the preparatory key through consultation between labor and management for three months prior to its enforcement). (2) A company may be allowed to provide overtime, night, or holiday service upon consultation between labor and management.

Article 10 (Monthly Leave) A shall pay 230,000 won (230,000 won) free of charge only to drivers who have worked for not less than one year as of July 20 to promote the health of employees.

provided that after the date of agreement;