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(영문) 울산지방법원 2019.04.18 2013가합122

임금

Text

1. Defendant A Co., Ltd. refers to the claim amount table against Defendant A in attached Form 1 against Plaintiff 1 through 113, and 431 through 433.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant A Co., Ltd. (hereinafter “Defendant A”)

(2) The Plaintiff B Co., Ltd. (hereinafter “Defendant B”) is a juristic person established for the purpose of manufacturing and selling automobile parts, and Plaintiff 1 through 113 is the workers belonging to Defendant A, and Plaintiff 431 through 433 is the inheritors of F, who died while working for the Defendant A. The inheritance ratio of Plaintiff 431 is 3/7, and the inheritance ratio of Plaintiff 432 and 433 is 2/7, respectively. (2) The Defendant B Co., Ltd. (hereinafter “Defendant B”) is a juristic person established for the purpose of manufacturing and selling automobile parts, and Plaintiff 114 through 152 is the workers belonging to Defendant B.

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(4) Defendant D D Co., Ltd. (hereinafter “Defendant D”) is a corporation established for the purpose of manufacturing and selling franchises, and Plaintiff E is a worker belonging to Defendant D, who is a corporation established for the purpose of manufacturing and selling motor vehicle parts. Plaintiff 154 through 430 is a worker belonging to Defendant D.

B. The Defendants’ collective agreement 1) Defendant A entered into a collective agreement with the said Defendant trade union on November 18, 2010 and September 5, 2012. The matters pertaining to the instant case in the said collective agreement are as follows. Defendant A has paid wages, such as bonuses and various allowances, to the employees to which he/she belongs in accordance with the said collective agreement. Article 52 (Definition and Composition of Wages refer to all money and valuables paid to a worker as remuneration for labor force during working hours, and the composition thereof is as follows.

1. Basic amount:

2. The various allowances shall be in accordance with a separate agreement.

3. Bonuses; and

4. Other legally recognized ordinary wages are as follows: < Amended by Act No. 53 (Scope of Ordinary Wages) Ordinary wages means wages to be paid periodically and uniformly to partners for a prescribed working hours:

1. The retirement allowances of 5) the continuous service allowances of 1) the production period and 2) the basic class (1) the welfare allowances of 3) the family allowances of 4).