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(영문) 대전고등법원 2019.10.31 2019나13078
임금
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

The grounds for appeal by the defendant citing the judgment of the first instance are not significantly different from the allegations in the first instance court, and even if all evidence submitted to the first instance court is examined, it is correct to recognize and determine the facts of the first instance court

The reasons why this court is stated are as follows, and therefore, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, because the reasons for the judgment of the first instance (including attached Form) are the same.

7) Under the 7th page, “Articles 3 through 6” shall be cut off to “Articles 3 through 6, and Article 20 shall be added as follows after the last day of the 7th page.) When a daily-level member is absent from office, the payment of the due date of absence shall not be made, and the due date and early retirement shall be reflected in the calculation of the relevant benefits.” From 11th of the 10th page 10 to 13th of the 10th day of the 10th day of the 10th day of the 10th day.

The annual fee paid (the same as the entry in the year 1).

(1) If it is difficult to determine the ordinary wage determined at the monthly wage due to the inclusion of the monthly wage paid to the full-time workers of an ordinary ordinary wage in the amount of the monthly wage as ordinary wage in accordance with Article 55 of the Labor Standards Act, it is difficult for the worker to determine the ordinary wage determined at the monthly wage, after calculating the total working hours by deeming the worker to have worked on such paid leave and adding it to the contractual work hours, the hourly ordinary wage is calculated by dividing the monthly wage including the part of the nature of the wage for paid leave by the total working hours.

(see, e.g., Supreme Court Decision 97Da28421, Apr. 24, 1998). Such a legal doctrine applies likewise to cases where a monthly wage paid to an employee includes wages for paid holidays pursuant to an employment contract or rules of employment.

Therefore, it shall be regarded as working on paid holidays in accordance with this calculation method.

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