A. The Defendant is a company engaging in passenger transport service, etc., and each of the designated parties listed in the list of the Plaintiff (Appointed Party), the Plaintiff, and the designated parties listed in the separate sheet (hereinafter referred to as the “Plaintiff and designated parties”) are employees employed by the Defendant as a bus driver for convenience.

B. The Plaintiff and the designated parties were employed and worked by the Defendant, and received benefits from the Defendant determined pursuant to the collective agreement, wage agreement, supplementary agreement, etc. entered into between the Plaintiff and the designated parties of the Republic of Korea and the Defendant (hereinafter “instant collective agreement and wage agreement”).

C. The main contents of the instant collective agreement and wage agreement are as shown in attached Table 1.

The Defendant considered basic pay and weekly paid leave allowances as ordinary wages in accordance with the standard for calculation of ordinary wages under the instant collective agreement and wage agreement, and based on this standard, calculated overtime allowances, holiday allowances, and annual paid leave allowances and paid them to the Plaintiff and the designated parties.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 8, 11, 12, Eul evidence Nos. 2 through 9, the purport of the whole pleadings

2. The assertion and judgment

A. Although the summary of the Plaintiff’s assertion, regular bonus, accident-free allowance, work-on-board allowance, and continuous service allowance are included in ordinary wages due to their nature, the Defendant considered only the basic wage and weekly holiday allowance as ordinary wages, and paid the extension allowance, holiday allowance, annual paid leave allowance, etc. based on the pertinent amount.

Therefore, the defendant is the difference between the above regular bonus, accident-free allowance, work-on allowance, and continuous service allowance, which are calculated as the ordinary wage, and the amount already deducted from the statutory allowance calculated as the ordinary wage (extension allowance, holiday allowance, annual paid leave allowance).