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(영문) 부산지방법원 2021.01.15 2018나60014 (1)

연장근로수당 등 지급청구의 소

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All appeals by the plaintiff (the appointed party) are dismissed.

2. The costs of appeal shall be borne by the plaintiff (the appointed party).

Reasons

1. Basic facts

A. The Defendant related to the parties is a company established for the purpose of passenger transport business, etc., and the Plaintiff and the Defendants (hereinafter “the Plaintiffs”) are those who work or retired while serving as a driver of the Busan Urban Route bus operated by the Defendant.

B. The Plaintiffs’ form of work and content of the wage agreement 1) The Plaintiffs are divided into two:0 am and P.M., and the employees at P.M. are nine hours from 05:00 to 14:00 am and nine hours from 05:0 am to 14:00 (i.e., 8 hours of basic work) and the employees at P.m. are nine hours from 15:00 to 24:00 (i.e., 8 hours of basic work).

B) The Plaintiffs were determined to change the working hours to the P.M. team per week, and the P.M. team was to change working hours to the P.M. team. On the day when there is a change in working hours due to an agreement between labor and management, the workers in the P.

① In other words, a worker in the morning has continued to work for the P.M. and has continued to work for the P.M. on the next Saturday, and the worker in the P.M. has left the office for the P.M. on the Saturday, and the worker in the P.M. has left the office for the P.M. on the Saturday, and on Sundays, the worker in the P.M. has to work for the P.M. on the Sundays with the change of working hours (hereinafter referred to as the “P.M.”). (ii) The main contents of the wage agreement concluded between the labor union and the labor union in the P.M. representing the employer, such as the defendant, and the labor union in the P.M., for the period from 2014 to 2017, concluded between the labor union in the P.M. on the Sundays with the change of working hours:

A) The hourly ordinary wage and monthly ordinary wage shall be determined according to the number of years in continuous service of workers, and ① under the premise that workers in the morning and workers in the P.M. shall work every nine hours, the prescribed number of hours per day and the number of days of ordinary work per month.