beta
(영문) 수원지방법원평택지원 2016.11.24 2013가단43036

임금

Text

1. The defendant shall pay to the plaintiffs each amount stated in the total sum of the claim amount sheet by each plaintiff and each of the above amounts.

Reasons

1. Basic facts

A. The defendant is a company engaged in passenger transport business, and the plaintiffs are workers or former workers belonging to the defendant.

B. Wages paid to the employees of the Defendant were determined in accordance with the wage agreement concluded between the Defendant and the Korea Automobile Workers’ Union branch, and the main contents of the wage agreement applied from July 1, 2010 to November 30, 2012 (hereinafter “instant wage agreement”) are as follows.

1. 14 days in the number of hours of probation and working types, 5,010 won in the Si's level (from July 1, 2010 to June 30, 201), 14 days in full service, 5,200 won in the Si's level (from July 1, 2011 to November 30, 201).

2. An allowance of 10,120 won shall be paid to persons who worked on board for a day (from July 1, 2010 to November 30, 2012).

3. The allowance of KRW 12,000 per day shall be paid only to those who work on the seat bus routes (from July 1, 2010 to November 30, 2012) and the allowance of KRW 12,000 per day shall be paid to those who work on the seat bus routes.

Provided, That risk allowances shall not be paid during the period of use.

4. Working hours (from July 1, 2010 to November 30, 2012), the aggregate of 8 hours of basic working, 7 hours of extended work, and 15 (1) hours of night work;

C. When the Defendant paid monthly wages to the Plaintiffs who are workers, the Defendant paid overtime pay, night work allowance, holiday work allowance, holiday work allowance, monthly holiday allowance, weekly holiday allowance, and weekly holiday allowance (hereinafter “all kinds of allowances”) on the basis of the hourly wage as stipulated in the instant wage agreement, and calculated the basic hourly wage and paid the retirement allowance, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendant calculated ordinary wages and paid various allowances based on the calculation of ordinary wages by omitting work allowances and risk allowances ordinarily paid to the Plaintiffs. Since work on board allowances and risk allowances are also included in ordinary wages, they should be determined with property including them, and retirement allowances also include work on board allowances and risk allowances.