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(영문) 전주지방법원 2012.01.11 2010가합4324

임금

Text

1. As to the Plaintiffs’ respective money stated in the “total amount” column for each Plaintiff’s 2. Attached hereto and each of the said money.

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are those retired from office as Defendant’s urban bus drivers as stated in [Attachment 3] [Attachment 3], and were the members of the Korea Automobile Trade Union, North Korean Automobile Union, North Korean Automobile Union. (2) The Defendant is a company with passenger transport business, etc. as its business purpose, and is the members of the Jeollabuk-do Bus Transport Business Association composed of passenger transport business operators in the area of Jeollabuk-do.

3) 한편, 피고는 시내버스 운전기사의 근무형태를 시내버스 갑(甲)지, 시내버스 을(乙)지, 시외, 농어촌 병(丙), 농어촌 정(丁)지로 각 구분하여 임금 및 각종 수당을 산정하는데 있어 차등을 두고 있는데, 원고들은 시내버스 갑지를 각 담당하였다. 나. 단체협약 및 임금협정의 내용 원고들과 피고 사이의 근무형태 및 급여체계는 피고와 전국자동노동조합연맹 전북지역 자동차노동조합 사이에 체결된 단체협약과 임금협정으로 결정되었는데, 2007년부터 2010년까지의 단체협약과 임금협정의 주요 내용은 다음과 같다(이하 ‘이 사건 단체협약 등’이라 한다

(i) 1) Working hours and working hours of drivers of working systems are 8 hours a day and 40 hours a week, based on the nature of transportation business, and overtime and night work, taking into account the characteristics of transportation business.

Provided, That under the two o'clock work system per day, a worker shall be deemed to work for two days in the morning and shall not be deemed to work for two o'clock work until the o'clock work.

In addition, the defendant should guarantee the number of days of the driver's monthly work (the prescribed number of days of a month) as stipulated in the wage agreement, and in principle, the number of days of a month shall be the 24th day of a month.

2) Wages of a wage system driver shall be determined annually by the wage agreement between labor and management (hereinafter “basic wage”).

(i) daily basic pay (i.e., Si pay x 8 hours and monthly basic pay, whichever is applicable.