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(영문) 서울중앙지방법원 2018.10.26 2014가합512041

임금

Text

1. The Defendant’s claim amount stated in the separate sheet “the Plaintiff’s claim amount” as indicated in the separate sheet to the Plaintiffs and each of the said money on March 2013.

Reasons

1. Basic facts

A. The Plaintiffs (excluding Plaintiff T) are those employed by the Daejeon Regional Land Management Office under the Ministry of Land, Transport and Maritime Affairs (Gu Ministry of Land, Transport and Maritime Affairs; hereinafter “Gu Ministry of Land, Transport and Maritime Affairs”) to which the Defendant belongs and served until now, who were employed by the Chungcheong Regional Land Management Office, and who died on or around September 20, 2012, and Plaintiff T is the only heir of the net Q.

(hereinafter the plaintiff T and the net Q are not classified). B

The Defendant paid a certain amount of basic salary, risk allowances, job class allowances, fixed meal expenses, transportation subsidies, and annual holiday leave expenses to road management workers, including the Plaintiffs, in accordance with the Regulations on Management of Road Management Life Contract Workers (Ordinance of the Ministry of Land, Infrastructure and Transport), the Guidelines for Execution of the ordinary project expenses, and the Guidelines for Execution of Budget for Operation of Human Resources, etc. as prescribed by the Ministry of Land, Infrastructure and Transport, and paid overtime work allowances, night work allowances, and holiday work allowances (hereinafter collectively referred to as “legal allowances”) on the basis of ordinary wages calculated only by the remaining allowances and basic allowances, excluding the fixed meal expenses, transportation subsidies, and holiday leave expenses.

C. The relevant provisions of the instant case are as follows.

(1) The purpose of Article 1 (1) of the Road Management Regulations is to provide for matters necessary for the duties, employment, personnel management, remuneration, service, etc. of workers on a road management weapons contract (road repair staff, traffic control staff, etc.) under the provisions of Articles 39, 59, and 63 of the Road Act and Article 11 of the Regulations on Road Maintenance, Repair, etc.

Article 5 (Scope of Application and Scope of Duties) (2) Except as otherwise expressly provided by other Acts and subordinate statutes or the Minister of Land, Infrastructure and Transport (hereinafter referred to as the "Minister"), this provision shall apply.

(3) These provisions shall apply.