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(영문) 광주고등법원(전주) 2016.02.18 2015나347
임금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant’s attached Form to the Plaintiffs

2. The amount of award by each plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a company operating passenger transport business, etc., and the plaintiffs are attached Form

3. A person who works as a driver of an urban bus belonging to the defendant or as an urban bus driver and retired from office, such as the service period written by the plaintiff.

B. The content of the collective agreement and wage agreement between the Plaintiffs and the Defendant was determined by the collective agreement and wage agreement between the Korea Automobile Trade Union, North Korean Automobile Trade Union, and the Jeollabuk-do Bus Transport Business Association comprised of passenger transport business operators in the area of Jeollabuk-do, including the Defendant, and the collective agreement and wage agreement from 2010 to 2012. The main contents of the collective agreement and wage agreement are as follows:

(1) The basic working hours and working hours of drivers of the system are 8 hours a day, 40 hours a week, and 10 hours a week under the labor-management agreement in consideration of the characteristics of transportation business. However, in the case of urban buses, employees shall be deemed to work for two days a.m. during the hours a.m. on behalf of employees in o.m. under the labor-management agreement, and shall not be deemed overtime work; 2) The wages of drivers of the wage system shall be calculated based on the hourly basic pay and monthly basic pay as prescribed in the labor-management agreement (hereinafter referred to as “basic pay”). The basic pay stipulated in the wage agreement of this case is from July 1, 2010 to June 30, 201; and the basic pay is from October 38, 2017; and from October 1, 2013 to 30, 2018; and

3) The number of overtime allowances per day shall be one hour and 40 minutes (one hour and 16 hours/24 hours) for overtime allowances, and the basic rate shall be multiplied by the premium rate of 150%, but the premium rate of 150% (basic rate x 1 hour x 150%) (basic rate x 16 hours x 150% ± 24).

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