From July 5, 2012, the Defendant has its location in the Gwangju Mine-gu J and has performed duties under the agency contract for the collection, transportation, etc. of living wastes between Gwangju Metropolitan City Mine-gu.

On June 30, 2015, the business was closed.

The Plaintiffs entered into an employment contract with the Defendant before January 1, 2013, and thereafter Plaintiff C was employed until September 26, 2013, Plaintiff D was employed until June 30, 2014, and the rest of Plaintiffs were employed as drivers (Plaintiff G) or street cleaners (Plaintiffs) by the time of the cessation of business.

B. During the above service period, the Plaintiffs, as stated in the “the details of individual labor and calculation,” separately from the Defendant’s basic wage, were paid KRW 140,000 as transportation subsidy, KRW 100,00 as meal subsidy, KRW 100,00 as meal subsidy, and KRW 60,00 as bathing expense in 2014, and KRW 142,50 as meal subsidy, KRW 90,00 as bathing expense, KRW 90,00 as special work allowance, and KRW 90,00 as a fixed amount. In addition, the Plaintiff G, who worked as a driver, has received KRW 20,00 as a fixed amount.

C. During the above working period, the Defendant paid overtime work allowances, night work allowances, holiday work allowances, and annual leave allowances as shown in attached Table 3 on the basis of ordinary wages calculated by excluding each of the allowances set forth in the preceding paragraph to the Plaintiffs.

2. Determination

A. On January 2014, the Defendant asserted that the Plaintiffs agreed to file a lawsuit by withdrawing the Plaintiffs’ claim for wage payment from the Gwangju District Court 2013 Ghana536938, which stated that “the Plaintiffs shall have agreed to pay wages in the year 2013 and shall not file a civil or criminal objection.”

In the instant lawsuit, the Defendant’s ordinary wages are not paid, but mistakenly calculated.