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(영문) 청주지방법원 2016.12.01 2016가합711
임금
Text

1. The defendant shall file a claim in the column of the attached sheet with each of the plaintiffs (appointed parties) and the designated parties listed in the attached sheet list.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties are the Defendant’s employees who are paid wages from the Defendant. The designated parties Nos. 1 through 66 of the annexed list of the designated parties, including the Plaintiff, are the general employees (regular workers) and the rest of the designated parties (No. 67 through 200) are the employees in contractual service (inorganic contractual service).

B. In paying wages in 2015, the Defendant considered only the operating allowance of 10% of the basic salary and the basic salary as ordinary wage, and paid excess allowances and annual allowance calculated accordingly to the Plaintiff and the Selection.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion, in addition to the basic salary and the operating allowance calculated by the Defendant as ordinary wage, the class allowance, fixed meal allowance, management allowance, job performance allowance, technical allowance, dangerous service allowance, safety management allowance, promotion allowance, and ② the traffic allowance, encouragement allowance, salary, continuous service allowance, and bonus (hereinafter “each of the instant allowances”) paid to the workers in general service (regular) in addition to the Defendant’s basic wage and the operating allowance calculated as ordinary wage, should be included in the scope of ordinary wage, as it has the regular and high-quality rate.

Therefore, the defendant should have paid annual salary and excess allowance calculated according to the ordinary wage that includes each of the instant allowances to the plaintiff and the selected parties, but the defendant paid annual salary and excess allowance based on the ordinary wage calculated without including each of the instant allowances when paying the wage in 2015. Thus, the defendant is obligated to pay the difference to the plaintiff and the selected parties, each of which is stated in the separate claim amount column, which is the difference.

B. The Labor Standards Act’s standard of calculation of premium pay, advance notice allowance, annual leave allowance, etc. for overtime, night and holiday work, and the minimum amount of average wage.

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