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(영문) 창원지방법원 2020.11.13 2020나1725
임금
Text

The judgment of the first instance shall be revoked.

All of the claims filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

(b) actions;

Reasons

1. Basic facts

A. Defendant B Co., Ltd. and C Co., Ltd. (hereinafter “Defendants”) are stock companies with the objective of passenger transport business, and the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) are workers who were or were currently serving as urban bus drivers of the Defendants.

B. The Defendants in the form of work are drivers, who work for the Plaintiff et al. who are working on board on a daily basis, and are working on a day off the following day.

C. Article 25(1) and (2) of the Passenger Transport Service Act provides that transport employees shall undergo education necessary to improve the quality of service for passengers, and transport business operators shall take necessary measures for transport employees to undergo education (Article 25(1) and (2) of the Passenger Transport Service Act). In addition, a business owner shall regularly provide safety and health education for employees at the relevant workplace (Article 31(1) of the Occupational Safety and Health Act). Accordingly, the Defendants are provided with each rules of employment so that employees may undergo education, such as in-service training necessary for performing their duties, in-depth training for the prevention of accidents, and other education necessary for performing their duties, as necessary (Article 79(2) of the Rules of Employment). In accordance with the aforementioned provisions, the Defendants were provided with safety education curriculum and schedule from 2011 to 2013.

The education of this case was conducted two hours a day, eight hours a year, or ten hours a day on the day when he did not work (in the case of a even number of employees, the day of neglect, even number in the case of a person who works alone; hereinafter “instant number”).

3. The Defendants who paid wages for the instant education applied the ordinary wage for the instant education hours to the Plaintiff, etc. during the course of the first instance trial and thereafter paid allowances.

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