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(영문) 서울중앙지방법원 2017.05.25 2013가단142349

임금

Text

1. The defendant shall pay to the plaintiffs each corresponding amount stated in the attached Table 2 "Unpaid amount" and the corresponding amount on May 25, 2013.

Reasons

1. Basic facts

A. The Plaintiffs are currently appointed as road managers or road repair staff of each Daejeon Regional Land Management Office under the Ministry of Land, Infrastructure and Transport under the Ministry of Land, Infrastructure and Transport to which the Defendant belongs.

B. In accordance with the Ministry of Land, Transport and Maritime Affairs Regulations (Ordinance of the Ministry of Land, Transport and Maritime Affairs) and the Guidelines for Budget Execution of Ordinary Project Costs, etc. as stipulated by the Ministry of Employment and Labor, the Defendant paid the Plaintiffs a certain amount of basic salary, risk allowance, job class allowance, supervisor’s allowance, fixed meal allowance, transportation subsidy, and holiday leave allowance every year, and paid an overtime allowance, night work allowance (day-time allowance and night-time extension allowance) and holiday work allowance based on ordinary wage calculated solely on the basis of the basic wage, such as the fixed amount of meal allowance, traffic subsidy, and holiday leave allowance, excluding the fixed amount of meal allowance, the cost of transportation subsidy, and holiday leave allowance, as stipulated by the Ministry of Employment and Labor.

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

The purpose of Article 1 (Purpose) of the Road Management Regulations is to prescribe matters necessary for the duties, employment, personnel management, remuneration, service, etc. of the workers in life-management contracts (road repair staff, personnel management personnel), etc. of the Ministry of Land, Infrastructure and Transport, who engage in the duties of regulating vehicles whose maintenance, repair, and operation are restricted pursuant to Articles 39, 59, and 63 of the Road Act (hereinafter referred to as the "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) This provision shall apply mutatis mutandis to the State Public Officials Act and the Labor Standards Act.

Article 10 (Conclusion of Employment Contracts) (1) In cases of employing a contract worker, an employment contract shall be concluded in accordance with attached Form 1 and attached Form 2.