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(영문) 서울중앙지방법원 2016.02.16 2014가단5332113

임금

Text

1. The Defendant’s KRW 8,100,000 as well as 5% per annum from December 5, 2014 to February 16, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company running a building cleaning agency business, etc., and the Plaintiff is a person employed by the Defendant on November 18, 1992 and worked as a street cleaners, etc. and retired on October 6, 2014.

B. The relevant contents of the collective agreement and rules of employment between the Plaintiff and the Defendant’s employees, including the Plaintiff, are as follows.

Article 13 of the Collective Agreement (Definition of Wages)

1.The wages of members shall be reconsumed as follows:

(i) basic pay 2) 3) bonus 4) other money and valuables paid temporarily;

2. The term "ordinary wages" means the amount determined to be paid periodically or temporarily to workers for a fixed period of labor;

The scope of ordinary wages shall include continuous service allowances, family allowances, job allowances, job allowances, price allowances, adjustment allowances, dangerous work allowances, technical allowances, remote areas allowances, production encouragement allowances, housing allowances, meal service expenses, etc.

Article 18 (Retirement Allowances)

1. The company shall pay the following average wages calculated by adding up all the bonuses, annual rents, monthly allowances, and all other wages paid by a member who has served continuously for a year or more, when he retires, dismisses, or dies, and for the number of months less than one year, calculated on a daily basis:

Article 19 (Work Hours)

1. Work hours shall be eight hours a day, four hours a Saturday, and forty hours a week;

Provided, That Saturdays shall be paid leave.

Article 20 (Recess Hours)

1. 10 minutes per hour’s recesss for work and 8 hours a day shall be for the morning and 10 minutes per o’clock, and the occupation time shall be 60 minutes; and

2. In case of overtime work, 10/10 of the hours of recess shall be assigned for every two hours, and 30/10 of the hours of recess for such overtime work shall be paid; and

Article 22 (Overwork, Holiday Work)

1. It shall require the prior consent of the union for extension, illumination, and holiday work;

50/100 of the ordinary wage shall be paid for an extension of unpaid holidays, for early leave work, and for paid holidays, 150/100 of the ordinary wage shall be paid additionally.

The paid holiday work and extension, and the attendance at work;