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(영문) 울산지방법원 2015.05.20 2013가단12739

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 27, 1980, the Plaintiff and the Defendant were established for the purpose of the urban bus passenger transportation business, and on August 27, 1980, the Ulsan Metropolitan City implemented the transit bus system in accordance with the approval to revise the urban bus transportation plan in order to alleviate the inconvenience of public transportation. 2) When employing a driver following the implementation of the heavy bus system, the Defendant distinguished the large bus driver from the intercity bus driver, as stipulated in the collective agreement, wage agreement, etc. for the large bus driver, and paid wages to the small bus driver in accordance with the respective employment contract and the rules of employment.

3) The Defendant paid various allowances calculated on the basis of the basic pay and the basic pay calculated on the basis of the urgency to its affiliated drivers. Of the aforementioned various allowances, some allowances were paid only to the large bus drivers, and did not be paid to the large bus drivers. 4) The Plaintiff served as the Defendant’s driver on board on board from April 4, 2009 to November 201, and the part related to the instant case in the labor contract concluded between the Plaintiff and the Defendant is as follows.

- - The working hours of the plaintiff on board a medium-sized (operator) or working hours shall be 14 hours a day, 2 am a day, 9 hours a day a day a day and 11.5 hours a day a day a day a day a day is calculated on a monthly basis.

The forms of employment, weekly holiday, and annual paid holiday ① The forms of employment of the plaintiff shall be based on the two-day work day holiday, but if there are separate circumstances, it may be changed, and the monthly work shall be 20 days.

(2) Service shall be a heavy bus.

(3) Week holidays and annual paid leave shall be governed by the rules of employment.

- Wages (1) Wages shall be KRW 4,000, and other allowances shall be governed by the salary regulations.

(2) The payment date of wages shall be the head of a Tong or directly on the 15th of the following month.