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(영문) 대전지방법원 공주지원 2021.01.14 2020가단22130

연차수당

Text

The plaintiff (the counterclaim defendant, the selected party)'s main claim and the counterclaim by the defendant (the counterclaim plaintiff) are dismissed, respectively.

Reasons

1. Basic facts

A. The Defendant (hereinafter “Defendant”) is a legal entity that engages in passenger transport service, and the Plaintiff (the appointed party, the counterclaim Defendant, and the Nonparty (hereinafter “Defendant”) are those who were employed by and retired from the Defendant as follows.

Plaintiff

On December 24, 1990, A, a retirement date A, December 24, 1990, C on April 17, 1993, D on May 17, 20193, May 1, 20193, E on May 1, 20199, the labor relationship between the employees of the defendant company, including the plaintiffs of the organization agreement and deposit agreement, was determined by the organization agreement and the wage agreement.

In the 1997 Organization Convention, the annual holiday allowances are determined to be paid as the daily amount specified in the wage agreement. However, the defendant has paid annual holiday allowances on the basis of the daily amount specified in the deposit agreement during the period of service of the plaintiffs.

In addition, in order to uniformly calculate and pay annual holiday allowances under the organization agreement, the defendant set the period from July 1 of each year to June 30 of the next year as the accounting year, which is the basis for calculating annual paid leave.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, Eul evidence Nos. 1 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. The annual leave under the Labor Standards Act of 195,764 24,75,778,096 is to be calculated and managed on the basis of the number of days of annual leave (on the basis of the accounting year), which is below the daily (on the daily) of the plaintiffs' assertion, as the number of days of annual leave (on the daily) not less than 197,534 25,938,350 C 195,76425,764,984,764 195,764,764 24,578,096, the annual leave is calculated on the basis of the number of days of annual leave. However, even if the annual leave is applied on the basis of the accounting year, the total number of days of leave falls short of the number of days calculated on the basis of the worker's entrance leave.