연장초과시간임금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the additional payment order shall be revoked.
1. Basic facts
A. The defendant is a company established for the purpose of urban bus transportation business around June 14, 2004, and the plaintiff is a person who served as an urban bus driver from around July 1, 2004 as the defendant's urban bus driver.
B. From February 1, 2010 to January 31, 2014, the Defendant paid wages to drivers under his/her jurisdiction in accordance with the wage agreement entered into between the Seoul Metropolitan Government Bus Transport Business Association and the Seoul bus trade union. According to each of the above wage agreement, the wage calculation hours are 5 hours per week basic work hours and 9 hours including overtime work hours. Due to the characteristics of operation, working hours falling short of or exceeding 9 hours during the morning are set off on a monthly basis (Article 2), and overtime work allowances are set off on a monthly basis, not on a daily basis (Article 2), and overtime work allowances are 150% per hour, 2 hours in the case of a night work, and 3 hours in the case of a p.m.
(Article V:2, 3). (c)
According to the Defendant’s allocation criteria, the Plaintiff was driving the Defendant’s urban bus in the form of a morning, P.M., and the Defendant paid basic pay, overtime pay, night work allowance, and full-time work allowance based on the above wage agreement based on the number of days on which the Defendant was working by the bus operation records (Bms) and the bus operating hours (excluding operating waiting hours) by the bus operation log in Seoul Special Metropolitan City.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Gap evidence Nos. 2 and 21, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that: (a) from August 2010 to October 2013, the monthly annexed sheet including waiting time to operate urban buses and participate in education directed by the Defendant; (b) from August 2010 to October 2013
1. The “Operation, atmosphere, and education” of the table was carried out for each hour, and the monthly average of ten minutes per day required for preparation for bus operation, ten minutes per day required for the completion of operation (average seven hours per month) and the monthly average of two meal hours per day required for the morning service.