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(영문) 창원지방법원통영지원 2017.11.08 2017가단22550

연차수당 청구의 소

Text

1. The Defendant: KRW 374,182; KRW 2,075,458 to Plaintiff C; KRW 2,461,228 to Plaintiff D; and KRW 880,320 to Plaintiff E.

Reasons

1. The Plaintiffs, as workers who entered into an employment contract with the Defendant, could use annual leave pursuant to a collective agreement with the Defendant from January 1, 2016 to December 31, 2016.

The Defendant issued a notice of promotion of the use of annual leave (hereinafter “the notice of promotion of use of this case”) to the Plaintiffs, and issued a notice of designation of the time of use of annual leave (hereinafter “the notice of designation of the time of use of this case”) to the Plaintiffs, as the Plaintiffs did not designate and notify the time of use of annual leave.

The defendant did not pay annual allowances to the plaintiffs on the grounds that annual leave of absence has ceased to exist.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 2 through 5, purport of the whole pleadings

2. An employer shall grant 15-day paid leave to any worker who has worked not less than 80 percent of a year for one year under Article 60 of the Labor Standards Act;

(2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percent of one year a paid leave of one day per month during which he/she has continuously worked.

(3) Where an employer grants a paid leave for work for the first year of a worker, it shall be 15 days including the leave under paragraph (2), and where an employee has already used the leave under paragraph (2), the number of days of the relevant employed leave shall be deducted from 15 days.

(4) An employer shall grant a worker who has worked for not less than three consecutive years one day’s paid leave for each two consecutive years of the continuous work training in excess of the first one year from the leave under paragraph (1).

In such cases, the total number of days of leave, including additional leave, shall not exceed 25 days.

(5) An employer shall grant a worker a leave referred to in paragraphs (1) through (4) at the time requested by the worker, and pay him/her ordinary wages or average wages for that period determined by the rules of employment, etc.

employees, except that.