(영문) 서울고등법원 2021.01.08 2020나2025312

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2021.01.08 2020나2025312

임금

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and the appeal.

Reasons

The gist of the grounds for appeal by the plaintiffs is as follows: ① The defendant divided allowances for overtime, night, and holiday work separately from the basic pay to the plaintiffs by item and paid them according to the actual number of working hours; thus, the agreement on the comprehensive wage system was established.

(2) The agreement between the defendant and the plaintiffs on the comprehensive wage system was established.

Even if it includes the working conditions that do not meet the standards set forth in the Labor Standards Act, it is invalid.

This is not different from the argument in the first instance court, and in full view of the evidence submitted to the first instance court and this court, it is reasonable to recognize and determine the facts of the first instance.

Therefore, the reasoning for the court's explanation on this case is as follows: "The main contents of the Convention" of the 12th judgment and "the main contents of the Convention" of the 3rd judgment as "the main contents of the Convention of 2005," and "the Convention of 2004 and the Convention of 2005 are different in terms of the unit price per hour under Article 16, specific persons eligible for overtime allowances under Article 35 and amount of overtime allowances under Article 35," and "the separate agreement of the 12th judgment of the 12th judgment" as "the separate agreement of the 12th judgment of the 12th judgment on overtime allowances" are the same as that of the 12th judgment, and it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Thus, the plaintiffs' claims shall be dismissed in entirety as there is no reasonable ground.

The judgment of the court of first instance is just in conclusion, and the plaintiffs' appeal against this is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

유사 판례

-서울고등법원 2021.01.08 2020나2025312

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-서울동부지방법원 2017.05.26 2016노1089

-서울중앙지방법원 2017.01.17 2016고정1366