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(영문) 인천지방법원 2018.12.19 2013가단225566

임금

Text

1. The defendant shall list the plaintiffs (appointed parties) A, the plaintiffs (appointed parties) B and the designated parties in the attached Form 1, provided that the defendant shall list the attached Form 1.

Reasons

1. Facts of recognition;

A. The defendant is a company whose business purpose is passenger transport business, etc., and the plaintiff (appointed parties) and the designated parties are those who retired from office as a driver of the defendant's metropolitan bus routes, or have been working until now.

B. Article 30 of the collective agreement between the plaintiff and the defendant regarding paid holidays "1. weekly holidays";

2. On January 1, 200, Workers' Day, Mine dump, Three-day, anniversary of the establishment of a political party, New Year's Day, New Year's Day, Central Year's Day (seven times a year): Provided, That in consideration of the special characteristics of the passenger transport, allowances may be paid to the City that has not been

Article 33 of the Rules of Employment of the Defendant provides that “The weekly holiday shall be every paid holiday for the general workers.”

Provided, That in accordance with the unique characteristics of transportation business, the number of on-board or off-duty holidays may be changed to the number of days off duty.

"" is defined as ".

C. The Defendant paid wages to the Plaintiff (Appointeds) and the Selections by predicting their work hours of 4,727 won per day, 19 hours per day (day-day work). In particular, paid holiday allowances (day-day leave allowances) have been paid by 165,445 won (i.e., 35 hours per month x 4,727 won) multiplied by 100% of ordinary paid holiday allowances (day-day leave allowances) by 35 hours per month.

From May 1, 2011 to June 201, 2011, 112 of the Plaintiff (Appointeds) and the designated parties asserted that the Defendant is liable to pay as holiday work allowance an amount equivalent to 50% of ordinary wages as compensation for work provided during weekly holiday hours from January 1, 2008 to December 31, 201, and that part of them won a lawsuit seeking payment.

[Court of First Instance: Incheon District Court Decision 2011Gahap7549, 2011Gahap9811, 2011Gahap9804 decided July 5, 2012, Seoul High Court Decision 2012Na6135, 2012Na61379 decided April 12, 2013 (Joint), 2012Na61379 decided April 12, 2013, 2012 or 61362 (Joint, Third: Supreme Court Decision 2013Da32543 decided July 24, 2018;