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(영문) 창원지방법원 2016.10.05 2015가합33038 (1)

임금

Text

1. The Defendant: (a) each of the money indicated in the attached Table “total” column to the Plaintiffs, and (b) with respect to the Plaintiff A on January 15, 2015.

Reasons

Basic Facts

The defendant is a company that imports, manufactures, assembles, distributes, supplies, and sells Aluminum pressure products, etc., and the total officers and employees are 159.

The Plaintiffs were the members of the Defendant Company’s trade union, who were the members of the Defendant Company’s trade union, and Plaintiff A retired from the Defendant Company on December 31, 2014, and the remaining Plaintiffs retired from the Defendant Company on December 31, 2013.

In accordance with the collective agreement concluded with the Defendant trade union by not later than 2012, the Defendant paid 700% of the basic salary to its employees, including the Plaintiffs, as bonus (hereinafter “instant bonus”) by 100% each on the month of odds month and December, respectively. Under the premise that the instant bonus does not constitute ordinary wages, the Defendant calculated and paid legal allowances and retirement allowances.

The relevant provisions of the collective agreement of 2012 concerning wages and bonuses of this case are as follows:

Article 18 (Definition of Work Hours)

2. The term “working hours” means eight hours a day, forty hours a week;

(Effective Date) § 19, 19, part of July 1, 2006.

4. 150% of ordinary wages shall be paid to working hours during recess hours;

Article 21 (Extension and Holiday Work)

1. 150% of ordinary wages shall be paid for overtime work and holiday work, and 250% of ordinary wages shall be paid for paid holiday work only for those who have shown good attendance of the prescribed working days;

Article 22 ( Night Work) 50% of the ordinary wage shall be paid for night work from 10 Hao to 6 o'clock, and 200% of the ordinary wage shall be paid for overtime work when overlapping with overtime work.

Article 25 (Monthly Leave)

1. The company shall grant a paid leave of one day per month to a neighboring member; and

4. The unpaid monthly leave shall be settled as ordinary wages on the payment day of January of the following year.

Article 26 (Annual Leave)

1. The company shall pay a paid leave of 10 days for its members to attend the prescribed working days, and of 8 days for those who attend the work for not less than 90 percent;

5. The year in which such goods are not used.