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(영문) 서울북부지방법원 2013.04.26 2012가단18479

임금

Text

1. Defendant J Co., Ltd.: 1,986,657 won to Plaintiff A; 2,288,933 won to Plaintiff B; and 1,397.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence No. 1 (including the serial number; hereinafter the same shall apply) by reference to the whole purport of the pleadings.

The Defendants are companies engaged in passenger transport business, etc., and Plaintiff A is employed in Defendant J Co., Ltd. (hereinafter referred to as “Defendant J”).

The retired persons and the rest of the plaintiffs are bus engineers belonging to Defendant K Co., Ltd. (hereinafter referred to as “Defendant K”).

B. The contents of the wage agreement on working hours and overtime allowances between the L Union to which the Defendants were employed and the L Union’s employees from 2009 to 2011 pertaining to “working hours and overtime allowances” in each of the wage agreements concluded between the MMN Trade Union to which the Plaintiffs were employed are included are as follows.

Article 2 (Time for Calculation of Wages) (1) The fifth day per week shall be nine hours including 8 hours of basic work and 1 hours of overtime work.

(2) The working hours in excess of nine hours during the morning or in excess due to the characteristics of operation shall be offset on a monthly basis, instead of on a daily basis.

(3) Time to rest shall be given during working hours.

Article 5 (Overtime Work Allowance and Additional Benefits) (1) With respect to overtime work, 150% of the urgent wage shall be paid.

2. The parties' assertion

A. The plaintiffs asserted that time in addition to bus operation hours, are prepared and arranged for operation, and they are under training between the bus operation and the next bus operation. The above time is included in the plaintiffs' working hours, and when the above time is included in working hours, the plaintiffs' actual working hours calculated on a monthly basis from April to April 2012, 209, as stated in the "excess working hours" column for each plaintiff in attached Table 1, exceed the agreed working hours stipulated in the wage agreement. Thus, the defendants are obliged to pay overtime allowances to the plaintiffs for the excessive working hours.

B. The Defendants’.