임금
1. The defendant's appeal is all dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Basic facts
A. The defendant is a company running broadcasting vehicle driving business, etc., and the plaintiffs are those who work or worked in the defendant's workplace.
B. The major contents of the labor-management agreement and the rules of employment, etc., which served as the payment criteria when the Defendant pays wages to the Plaintiffs are as follows.
(1) The Defendant concluded a collective agreement with KBS subdivision of the Korean Press Workers’ Union (hereinafter “Trade Union”) which is a trade union in which more than half of the Defendant’s full-time workers are members, as follows:
▣ 단체협약(2013. 12. 16. 체결된 것) 제2조(협약의 우선) 이 협약에서 정한 기준은 근로기준법, 회사의 취업규칙과 사규, 여타의 개별적 근로계약에 우선하며, 그중 협약 기준에 미달하는 사항은 이를 무효로 하고 그 부분은 협약 기준에 따른다.
Article 61 (Labor Convention) (1) A trade union and a company shall provide for all matters concerning wages of union members as a separate agreement.
(2) In principle, an agreement under paragraph (1) shall be applied retroactively from one month after entering into a year.
Article 67 (Food Expenses) Company shall pay to members of the Association food assistance expenses, and the standards and methods for the payment thereof shall be governed by a separate agreement.
▣ 2010년 임금에 관한 합의서
1.The wages of the Staff of 2010 shall be as follows:
(b) Ordinary wages which are the criteria for paying overtime allowances shall be basic pay for duties, and they shall be applied based on 4,110 won in the City;
(예, 평일 연장 시간당 6,165원). ▣ 2011년 임금에 관한 합의서
1.The wages of officials of 2011 shall be as follows:
(b) Ordinary wages which meet the payment criteria for overtime allowances shall be those for continuous service as basic pay;
(e) On-site drivers (less than three years): Application of the criteria of City 4,320 won (longing on a normal day: 6,480 won); hereinafter omitted.
2.As from January 1, 2012, meal expenses and communication expenses shall be paid. (a)
Meal expenses shall be KRW 150,000 per month.