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(영문) 서울중앙지방법원 2015.10.23 2014가합34213

임금 등

Text

1. All of the lawsuits of this case filed by plaintiffs A, B, and C shall be dismissed.

2. The defendant shall be the remainder except the plaintiff A, B, and C.

Reasons

1. Basic facts

A. The defendant is a corporation that performs duties related to the promotion of national informatization pursuant to Article 14 of the Framework Act on National Informatization, and the plaintiffs are the defendant's workers.

B. The Defendant paid the Plaintiffs basic annual salary, performance-based incentives, job pay, etc. in accordance with the Defendant’s personnel regulations and salary payment rules, and prepared annual annual salary contract setting the Plaintiffs, basic annual salary, and performance-based incentives.

In addition, the defendant paid 600,000 won to the plaintiffs each year.

Article 8 (Overtime and Night Work) (1) Notwithstanding the working hours prescribed in Article 7, the defendant may order an employee to work overtime and night work (referring to work from 10:0 o'clock to 6:0 o'clock the following day) or on holidays when necessary for the work.

Provided, That the sum of overtime and night work, the sum of hours of holidays shall not exceed three; 20 hours a month for technical staff members; 15 hours a month for Grade II staff members; and 10 hours a month for Grade I staff members.

Provided, That the monthly maximum working hours of part-time workers under Article 3 (4) of the Personnel Regulations may be within 50% of the number of overtime working days falling under the full-time work system.

Article 12 (Annual Leave) (1) The defendant grants a 15-day annual leave to an employee who has worked at least 80 percent of a year.

(4) The defendant shall grant the workers who have been employed for not less than three consecutive years one day’s leave for each two consecutive years of continuous employment in excess of the first year’s leave under the provisions of paragraph (1).

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

Article 12-2 (Promotion of Use of Annual Leave) (1) In a case where the Defendant took the following measures to promote the use of annual leave as referred to in Article 12 (1), (3) and (4), but the employee's failure to use his/her annual leave for one year is terminated, the Defendant may not pay his/her annual allowance for the unused leave:

1. The period of leave expires;