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(영문) 서울남부지방법원 2014.12.05 2013가합10322
임금 등
Text

1. The defendant shall make each entry in the separate sheet 2 list to the plaintiffs, and the same list as to the money.

Reasons

1. The Plaintiffs’ assertion that the Defendant paid to the Plaintiffs except Plaintiff B, C, A, D, and E, and network F, and network G (hereinafter “Plaintiffs, etc.”) constitutes ordinary wages. The allowances for good attendance, holiday leave, promotional allowances, weather allowances, and physical fitness training constitute ordinary wages.

Nevertheless, the defendant calculated the ordinary wage with the exception of the above allowances, and paid holiday work allowances and annual holiday work allowances based on this.

Therefore, from June 2010 to August 2013, 2013, the Defendant is obligated to pay the Plaintiffs property-fixed holiday allowance and annual holiday work allowance (or their shares of inheritance) including each of the above allowances as ordinary wages.

In addition, since the plaintiffs et al. worked on holidays at the same time as holiday work, the defendant should have paid overtime work allowances to the plaintiffs et al. in parallel.

However, since the defendant paid only holiday work allowances for the above work, it is obligated to pay the plaintiffs unpaid portion of overtime work allowances (or their portion of inheritance).

2. Facts of recognition;

A. The plaintiffs, etc. are workers employed by the defendant as street cleaners.

The networkF died on February 15, 2013 and succeeded to the property of Plaintiff B and C, the networkF.

On December 29, 2011, the network G succeeded to the property of the Plaintiff A, D, and E.

Some Plaintiffs retired from office on the date of “retirement Date” listed in the attached Table 2 list.

B. The main contents of the collective agreement that applies to the Plaintiffs, etc. of the contents of the collective agreement are as follows.

(The following collective agreement refers to the Ansan Market, and the “B” refers to the H, respectively. [Collective Agreement of July 6, 2009 and June 28, 2010] Article 16 (Working Hours) ① The working hours of members shall be eight hours a day, forty hours a week, and the week shall be from the Saturday to the Friday.

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