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(영문) 서울중앙지방법원 2018.02.20 2014가합543915

임금

Text

1. The Defendant: (a) each amount written in the column for the aggregate table of the cited amounts in attached Form 2 to the Plaintiffs; and (b) with regard thereto on December 2012.

Reasons

1. Basic facts

A. The plaintiffs are those who were appointed as road managers or road repair staff of the Jeonju National Land Management Office under the Ministry of Land, Infrastructure and Transport (the Ministry of Land, Transport and Maritime Affairs before amendment) to which the defendant belongs.

B. The Defendant has paid the Plaintiffs a certain amount of basic salary, risk allowances, job class allowances, fixed meal expenses, transport subsidies, and holiday leave allowances of a certain amount each year in accordance with the Ministry of Land, Infrastructure and Transport’s Management Regulations (amended by Ministry of Land, Infrastructure and Transport Directive No. 188, May 3, 2013) and the “Budget Execution Guidelines for Ordinary Project Expenses” as prescribed by the Ministry of Land, Infrastructure and Transport.

C. The Defendant paid overtime work allowances, night work allowances, holiday work allowances, and annual leave allowances to the Plaintiffs based on ordinary wages calculated solely on the basis of the basic salary, risk allowances, and job class allowances, excluding the fixed meal allowance, transportation allowance, and holiday leave allowance, among the above wage details, pursuant to the Ministry of Employment and Labor’s Guidelines for Calculation of Ordinary Wage.

Relevant provisions are as follows:

The purpose of Article 1 (Purpose) of the Regulations on Management of Road Management Contract Workers is to prescribe matters necessary for the duties, employment, personnel affairs, repair, service, etc. of workers in life contracts (road repair personnel, traffic safety control personnel) of the Ministry of Land, Transport and Maritime Affairs, who are engaged in the duties of regulating and permitting vehicles whose maintenance, repair, and operation of roads are restricted under the provisions of Articles 39, 59, and 63 of the Road Act (hereinafter referred to as the "Act") and Article 11 of the Rules on Road Maintenance, Repair, etc. under the provisions of

Article 2 (Definition of Terms) The definitions of terms used in these Rules shall be as follows:

2. The term "road management weapons contractor" means a person who is not a public official under the State Public Officials Act and works for an affiliated agency after concluding an employment contract with no fixed period pursuant to Article 3 of the Regulations on the Management, etc. of Non-regular Workers of Public Institutions;