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(영문) 서울서부지방법원 2020.01.09 2019나35890

임금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Defendant Company is a taxi transport business entity, and Plaintiff A served as a taxi engineer at each Defendant Company from May 1, 2013 to November 30, 2014, and from December 24, 2014 to June 30, 2015; and Plaintiff B from October 1, 2013 to November 30, 2014, and from December 4, 2014 to May 31, 2015.

B. The Defendant Company is a workplace belonging to the Korea Trade Union, and the Korea Trade Union Federation concluded a wage agreement that forms the basis of each labor-management agreement through central negotiations on behalf of its affiliated workplace with the Korea Trade Union Federation Seoul Regional Headquarters, which is the basis of each workplace’s labor-management agreement, and the said wage agreement regards the sum of basic pay and continuous service allowances as ordinary wages.

C. The labor and management of the Defendant Company concluded a wage agreement with the content that the basic and continuous service allowances are ordinary wages, and the Defendant Company has paid night work allowances calculated on the basis thereof to workers including the Plaintiffs.

However, the Defendant Company paid work allowances to workers, including the Plaintiffs, and paid good faith allowances, and when re-calculated work allowances from November 2014, including work allowances and good faith allowances, the amount of KRW 343,110 for Plaintiff A, and KRW 274,488 for Plaintiff B, compared to work allowances paid from November 2014 to night work allowances.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs’ ordinary wages shall include working allowances and good faith allowances, in addition to the basic pay and continuous service allowances.

Therefore, the Defendant should additionally pay to the Plaintiffs each money stated in the purport of the claim with night work allowances after November 2014.

B. Defendant (1) The Defendant Company paid night work allowances according to an agreement between labor and management that did not include work allowances and good faith allowances in ordinary wages. Thus, unpaid night work allowances are deemed unpaid.