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(영문) 춘천지방법원 강릉지원 2021.01.12 2019가단36925
임금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a company that engages in passenger transport service, etc., and the Plaintiffs are employees who are employed in the Defendant company on each day indicated in the column for “Membership Day” in the attached Table 1 “total Claim Amount.”

B. The main contents of the Defendant’s collective agreement and rules of employment relating to this case are as follows.

Provided, That Article 27 (Number of Workers and Hours of Work)

1. Number of working days: 20 days of service for buses outside the city (regular service) and 17 days of urban buses (time service) (Holidays). Article 29 (Holidays);

1. Holidays: Holidays and Saturdays may be replaced by the holidays in consideration of the characteristics of transport service, and a basic wage for four days shall be paid to the full-time workers;

2. Legal holidays: The company establishment commemorative day and the date determined by the Government on which the company is established and on which the transport service is recognized as a holiday, in consideration of the characteristics of the transport service, an over-the-counter bus shall be paid only to workers for the first day of basic pay, and an over-the-day bus shall be paid a basic salary of 1.5 days a month when calculating the comprehensive wage;

3. If holidays overlap, it shall be recognized only on a weekly holiday, and it may be changed on another day through a labor-management consultation.

Article 35 (Systems of Wages)

3. In principle, the calculation of wages shall be calculated on a regular basis, and the crew of urban buses and maintenance positions may be agreed on a daily basis;

Article 36 (Numbered Work Hours) Statutory allowances, such as overtime, night work, and holiday work allowances, shall be paid in accordance with the Labor Standards Act.

§ 15. (Holidays) Rules 15.

1. Weekly holiday: A paid holiday shall be granted to employees who have worked for a week during a prescribed period of work;

Provided, That in consideration of the characteristics of the transport service, a weekly holiday may be substituted for the day off, and the amount of the basic salary shall be paid to the full-time workers.

2. Legal holidays shall be paid and agreed holidays without pay, and shall be those on the following day off due to the characteristics of the transport service.

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