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(영문) 광주지방법원 2015.04.08 2014가단506619

임금

Text

1. Of the instant lawsuit, the part of the claim for unpaid wages during the period from 2010 to 2011 shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. The Plaintiffs are members of the Korean Union Trade Union Gwangju Metropolitan Government Labor Union (hereinafter referred to as the “Local Labor Union”) as those engaged in cleaning garbage around major arterial roads by concluding an employment contract with the Defendant to work as a inorganic contract street cleaners.

B. The Defendant has determined the Plaintiffs’ working conditions in accordance with the collective agreement entered into between the local labor union and the wage agreement entered into each year. Since 2010, the said collective agreement provides for working hours as follows.

Article 9 (Extension of Work Hours and Night Work Hours) Extension of Work Hours and Night Work Hours shall not be paid during actual work (Work Hours and Recess Hours) Article 10 (Work Hours) (1) Hours shall be restricted, and 40 hours a week shall not be extended by eight hours a day.

(3) The starting hours of works shall be as follows:

- The number of years worked between 06:00 and 16 shall be from 08:00 to 09:00 during the year, and the number of hours of lighting shall be from 12:00 to 13:00 during the time of occupation.

(4) The types of work on Saturdays and Sundayss may be adjusted in consultation with each Gu and its sub-chapters (Provided, That in cases of a collective agreement in 2013, such branches may be referred to as "branches").

(Payment of Holidays Work Allowances) - Saturdays, Sundays, and holiday work hours shall be 06:0 to 13:00, but they shall work until the event is completed at the time of viewing and holding events.

[Provided, That in the collective agreement of 2013, “ Saturdays, Sundays, and holidays shall be 06:0 to 11:00 (mination hours 08:0 to 09:00), but the extended hours at the time of viewing and Gu events shall be conducted in consultation with each branch office]

C. From January 1, 2012 to September 8, 2011, the Defendant calculated ordinary wages, including base salary, special work allowances, work encouragement allowances, fixed meal expenses, household meal expenses, transportation subsidies, sanitation allowances, as well as terminal pay, physical training expenses, holiday leave expenses, and holiday allowances, in accordance with the purport of the Supreme Court Decision 201Da22061 Decided September 8, 201.

[Reasons for Recognition] Unsatisfy, Eul evidence 1 to 5, and Eul.