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(영문) 광주고등법원 2015.06.18 2015누5299

임금

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance (including the attached Form), except for the addition of the determination of a new argument in the court of first instance as set forth in the following 2.1. Thus, this is accepted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on new arguments in the trial

A. Article 6(2)3 and 4 of the Enforcement Decree of the Plaintiff’s assertion of the Labor Standards Act provides that “If the amount of the hourly ordinary wage is determined as the weekly ordinary wage, the amount shall be calculated by dividing that amount by the standard hours for calculation of the weekly ordinary wage (which shall be aggregated with the hours of the week’s ordinary wage under Article 2(1)7 of the Labor Standards Act and the hours paid in addition to the contractual work hours), and if the amount is determined as a monthly ordinary wage, the amount shall be calculated by dividing that amount by the standard hours for calculation of the monthly ordinary wage (which means the standard hours for calculation of the weekly ordinary wage by 12th, multiplied by the average number of weeks per year).” Accordingly, the standard hours for calculation of the monthly ordinary wage is premised on the standard hours for calculation of

However, each collective agreement concluded between the instant union and the Defendant in 2010 through 2012 stipulates Saturdays and Sundays as paid holidays, and the Plaintiffs have received wages in the monthly wage rate from 2010 to 2010 to which the collective agreement in 2010 applies (the effective date of the said collective agreement is March 3, 2010, and the aforementioned “from 2010” appears to be “from March 3, 2010 to June 30, 2012.” As such, the standard time for calculating the hourly ordinary wage during the said period is 226 hours (the standard for calculating the monthly ordinary wage in order to calculate the hourly ordinary wage is 40 hours per week 40 hours per week x 4 hours paid Sundays 8 hours per annum 52 hours per annum 18 hours per annum 52 hours per annum 12,0000).