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(영문) 서울중앙지방법원 2020.12.11 2019가합514400

임금 등 청구의 소

Text

1. The defendant's statement of "amount claimed" in attached Form 1 to the plaintiffs as stated in the "amount of money requested" and the same.

Reasons

(b) The chairperson may have the following normal working days closed off:

Provided, That where it is not possible to have a holiday on the next normal working day of a Saturday or holiday on which a duty is performed due to the working conditions of the relevant department or other unavoidable reasons, the other normal working day may be designated to have it take a leave.

In fact, the Plaintiffs’ provision that the foregoing alternative holiday work is granted to part of the Plaintiffs’ holiday work. Therefore, the part on which the alternative holiday work is granted is excluded from the subject of the payment of holiday work allowances. Accordingly, the same shall apply to the Plaintiffs’ holiday work. In light of the fact that there is no dispute, the aforementioned evidence and evidence, and evidence Nos. 37, and Eul’s 22,28 through 32, the entire purport of oral argument, the pertinent statutory allowance for each Plaintiff, which was determined in accordance with the above formula, was “total overtime work allowance (A)” in the table of claim adjustment by the Plaintiff according to attached Table 3 = ordinary wage* (long of normal hours* 0.5 night work hours *1.5 hours ?1.5). Since the Plaintiffs’ daily overtime work hours are the same as the pertinent amount on which the Plaintiffs had already received overtime work hours, the pertinent statutory overtime work hours are divided into the amount on which the Plaintiffs had already agreed to do overtime work hours, and the pertinent statutory overtime work hours are the same as the pertinent statutory overtime work hours.