광주지방법원목포지원 2016.01.15 2014가합319



1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.


1. Basic facts

A. The defendant is a company engaged in the building, remodeling, repair, dismantling, and sales of the vessel, and the plaintiff is a worker of the defendant.

B. The Defendant entered into an annual collective agreement (hereinafter “instant collective agreement”) with the Korea Metal Trade Union, which is a member of its employees, including the Plaintiff, and accordingly paid wages to the workers on the 10th day of each month.

C. Meanwhile, the contents of the instant collective agreement and the Defendant’s rules of employment, wage management regulations, and wage management regulations (hereinafter collectively referred to as “instant rules of employment,” “instant wage management regulations,” and “instant rules of employment management”) related to the instant case are as follows.

Article 3 (Priority of Convention) of the Collective Agreement (2012), the standards prescribed in this Convention shall take precedence over the Labor Standards Act, the rules of employment and regulations of the company, and other individual labor contracts, and the matters which fall short of the legal standards of this Convention shall be governed by

Article 6 (Enactment and Revision of Regulations) Where a company intends to amend, amend, or repeal the contents of rules of employment disadvantageous to members, it shall obtain prior consent thereto.

Article 33 (Dismissal) Any company may dismiss a member when he falls under any of the following subparagraphs:

2. In the event that a sentence heavier than imprisonment without prison labor becomes final or the right of public participation is suspended or deprived by law (after all, wages) the company is divided into ordinary wages and average wages as follows:

1. The term "ordinary wages" means allowances and basic wages determined to be paid periodically and uniformly to workers for a fixed amount of labor;

3. The award of wages shall be part of April 1 each year, and the standards for the award of wages shall be determined as collective bargaining.

Article 38 (Allowance Allowance) The Company shall pay allowances to its members as follows:

1. Position allowances: 40,000 won for the head of a Ban, and 30,000 won for promotion;

2. Foreign service allowances;