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(영문) 부산지방법원 2014.10.10 2011가합22538

임금

Text

1. The Defendant: (a) 13,436,017 won to Plaintiff A; (b) 2,286,849 won to Plaintiff B; (c) 3,03,333 won to Plaintiff C; and (d) 32,738.

Reasons

1. Basic facts

A. The parties are companies engaged in the production, sale, etc. of motor vehicles, related parts and accessories, and the plaintiffs are workers engaged in the manufacture, etc. of motor vehicles at the defendant's Busan Factory located in Busan after concluding an employment contract with the defendant.

B. The Defendant’s Busan factory in the form of work is operated as two classes, and the weekly working hours are from 07:0 to 15:45, and the night working hours are from 15:45 to 00:30, and most of Busan workers, including the Plaintiffs, were engaged in circular work every week and night.

C. 1) The Defendant, from around 2000 to around 200, concluded a wage negotiation and collective agreement, is a representative commission of employees, which is composed of the members elected by the employees belonging to the Defendant’s Busan Factory, including the Plaintiffs (hereinafter “private subrogation”).

(2) From around 200 to around 200, the Defendant concluded a collective agreement on wages, working hours, welfare matters, etc. on behalf of its employees with respect to the sole negotiating body with respect to wages, working conditions, etc., for two years, and concluded a collective agreement again. The provisions of the collective agreement related to this case in the collective agreement from around 2008 to 2012 (hereinafter “instant collective agreement”) are as follows.

§ 36. Definition and composition of wages of section 36.

1. The term “wages” means all money and valuables paid to members under Article 18 of the Labor Standards Act;

2. The basic pay and allowances shall be paid under the conditions as prescribed by the salary regulations and the allowances regulations;

Article 37 Payment and Method of Wages

1. The company shall pay wages on the 21st day of each month;

Provided, That where 21 days are on holidays, it shall be paid on the preceding day.

Article 38 Scope of Ordinary Wages and Average Wages

1. Ordinary wages and average wages shall be governed by the Labor Standards Act;

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