2012 Gohap5502 Wages

Attached Table 1 is as shown in the list of plaintiffs.

Jeju Special Self-Governing Province

September 26, 2013

October 10, 2013

1. From January 1, 2012, the defendant shall pay to the plaintiffs each amount stated in the separate sheet No. 2 of Attached Table No. 2 for the plaintiffs, and from January 1, 2012, the amount with 20% interest per annum for the plaintiffs A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q, and from the following day to the date of full payment, 5% per annum for the plaintiffs other than the above plaintiffs, and 20% interest per annum for each of the above plaintiffs from the next day to the date of full payment.

2. The defendant's remaining claims against the plaintiff A, B, C, D, E, F, G, H, I, J, K, L, M, N,O, P, and Q are dismissed, respectively.

3. The costs of lawsuit shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 5% interest per annum from January 1, 2012 to September 13, 2013 and 20% interest per annum from the next day to the day of delivery of a copy of the application for modification of the purport of claim and the cause of claim as of September 13, 2013.

1. Facts of recognition;

(a) The situation of relocation of organization reorganization;

(1) In order to perform duties such as disposal of domestic wastes, the Defendant classified workers into four categories of work, namely, administrative affairs, simple labor sources, road repair centers, and street cleaners, according to the "Rules on Contracts in Jeju Special Self-Governing Province and Regulations on Fixed-Term Workers", and classified them into four categories of work, i.e., administrative affairs, simple labor sources, road repair centers, and street cleaners, and made them to engage in cleaning vehicles to those who meet certain qualifications among street cleaners. Under the above regulations, the "non-replacement worker" is defined as

(2) Accordingly, the employees engaged in cleaning vehicles determined working conditions, such as wages, in accordance with the collective agreement and wage agreements concluded between the Defendant and the Jeju City Branch of Jeju Special Self-Governing Province Labor Union, the Federation of the Korean Union Trade Union (former Organization Change, hereinafter collectively referred to as the "Korea Union Union Union Labor Union").

(b) Organization reorganization;

(1) On March 11, 2009, the defendant enacted the Jeju Special Self-Governing Province's weapons contract and fixed-term worker quota regulations to divide the existing types of occupation into nine categories of occupation, namely, general affairs, computer, facilities, tourist transportation, agriculture and forestry environment, health and sanitation, driving, road repair, road maintenance, and environmental beauty. Under the above fixed-number regulations, the "driving" is defined as the "person engaged in the operation of vehicles collecting public bus garbage," and the "environmental fineization" as the "person engaged in the removal of garbage and the cleaning of street, etc." (hereinafter referred to as the "organization reorganization of this case").

(2) Before the reorganization of the organization of the instant case, the Defendant informed workers of the installation of cleaning vehicle drivers on January 2009, and individually applied for the conversion of cleaning vehicle drivers from workers who wish to convert their cleaning vehicle drivers. The above application for conversion is stating that “The level of public bus drivers, working hours: the same as the present level.”

(3) On May 1, 2009, the Defendant selected a cleaning vehicle driver from among workers in different occupations with the existing street cleaners who wish to convert, concluded each employment contract as of May 1, 2009 and completed the adjustment of their work place. The Defendant paid wages to the cleaning vehicle driver in accordance with the criteria set forth in the "Guidelines for Remuneration of Contract Workers" (hereinafter referred to as the "Guidelines for Remuneration of Contract Workers"). The status of the parties concerned, etc.

(1) The plaintiffs are drivers of cleaning vehicles employed by the defendant. Among them, the plaintiffs 1 through 61 are workers who entered into an employment contract with the defendant before the reorganization of the organization of this case.

Plaintiff 62 to 84 is an employee whose occupation is changed as a cleaning vehicle driver at the time of the reorganization of the organization of this case.

(2) After the reorganization of the organization of this case, the Plaintiffs received wages from the Defendant in accordance with the instant remuneration guidelines. On March 30, 2012, the Plaintiffs concluded a wage agreement again with the Defendant as working conditions similar to those similar to the transfer of the organization of this case through collective bargaining with the Defendant. This wage agreement was retroactively applied from January 1, 2012.

(d) Major details of collective agreements and wage agreements;

(1) Article 13 of the collective agreement on the qualifications of association members

In the collective agreement in 2007 (O. 7. August 7, 2009 to September 9, 2009), street cleaners and street cleaners at Jeju Special Self-Governing Province are qualified as union members at the same time.O. 209 collective agreement in 2009 (O. 10.- July 28, 201) Jeju Special Self-Governing Province workers and fixed-term street cleaners are allowed to join the association at their own will.O's collective agreement in 201 (O. 201. 7. 29 to December 31, 2012).

(2) Main terms of the wage agreement

0. Provisions 209, 2010 concerning ordinary wages: The wage agreement in 2011 shall be paid when the amount of basic wages, special work allowances, work encouragement allowances, family allowances, fixed meal expenses, and transportation subsidies is calculated.The wage agreement in 201 shall be paid by applying the amount calculated by adding basic wages, special work allowances, work encouragement allowances, and fixed meal expenses to the amount of the ordinary wages. 0-end allowances (the same wage agreement in 2009 through 201) (1) the end allowances shall be paid 200% per annum of ordinary wages. (2) The payment period shall be 3,6,9, and 12. 0% per annum. 250% per annum of ordinary wages (the same as the wage agreement in 209 through 2011) (the same as the wage agreement in 209 through 2011) 10% per annum of ordinary wages.

0 The public service expenses (only provision in the wage agreement of 2009, 2010), the public service expenses shall be paid KRW 100,000 per month for each of 1 and July. 1, 200 ○ Labor Allowance (the same wage agreement of 2009 through 2011) (1) the fixed-time service allowances shall be paid at the rate of appropriation for the fixed-time service allowances (0-100 per annum) of ordinary wages. ② The payment period shall be paid in 1/2 in addition to the military service period. ③ The fixed-time service allowances shall be paid in addition to the period of military service. The (hereinafter omitted) The payment shall be made by applying the “rate of payment for the fixed-time service allowances for each continuous

[Ground of recognition] The facts without dispute, Gap evidence 1 to 14, Eul evidence 1 to 8 (including evidence attached with each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion

The defendant shall pay the remaining amount and damages for delay, excluding the part already paid or claimed to the defendant, by filing a lawsuit against the defendant, from the wages reasonably calculated as follows.

(1) According to the general binding of collective agreements under Article 35 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Labor Relations Adjustment Act”), collective agreements and wage agreements entered into between the defendant and the U.S. employee union, rather than the instant remuneration guidelines, are preferentially applied to the plaintiffs. Even if not, even if the defendant unilaterally lowers the Plaintiffs’ working conditions by applying the instant remuneration guidelines under the organizational reorganization, the amendment to the rules of employment under Article 94 of the Labor Standards Act in the instant remuneration guidelines has no effect on the Plaintiffs. Accordingly, the Defendant shall re-calculated the Plaintiffs’ wages in accordance with the collective agreements and wage agreements.

(2) Pursuant to the wage agreement in 2009 to 2011, other than each of the allowances included in the scope of ordinary wages, the horses, physical training expenses, major holiday leave expenses, major citizen volunteer service expenses, and good attendance allowances fall under ordinary wages as stipulated in the Labor Standards Act by nature, and thus, the Defendant shall re-calculated various allowances based on the ordinary wages calculated accordingly to the Plaintiffs.

B. Determination

(1) As to the first argument, Article 35 of the Trade Union and Labor Relations Adjustment Act provides that when a collective agreement applies to a majority of workers of the same kind who are ordinarily employed in a business or workplace, the said collective agreement shall apply to other workers of the same kind employed in the business or workplace concerned.

As seen earlier, prior to the reorganization of the organization of this case, the Defendant classified workers qualified as a cleaning vehicle operator and classified all workers engaged in cleaning and cleaning vehicle drivers as street cleaners. However, in light of the method of classification of the previous types of occupation and the work contents of cleaning vehicle operators, etc., the Plaintiffs classified as cleaning vehicle operators due to the reorganization of the organization of this case shall be deemed to fall under the "worker of the same kind as referred to in Article 35 of the Trade Union and Labor Relations Adjustment Act, in which the application of the agreement is anticipated by the provisions of the collective agreement between the Defendant and the U.S. union." In light of the overall purport of the arguments in the evidence above, the number of union members is recognized to fall under the majority of the number of union members of the same kind of workers. Thus, the collective agreement and wage agreement between the Defendant and the U.S. union members shall apply to the Plaintiffs regardless of whether they actually joined the U.S. union

Meanwhile, Article 33(1) of the Trade Union and Labor Relations Adjustment Act provides that the part of the rules of employment or labor contract in violation of the standards for working conditions and other workers' treatment provided for in the collective agreement shall be null and void, and Article 33(2) of the same Act provides that the matters not provided for in the labor contract or the part null and void pursuant to paragraph (1) of the same Article shall be based on the standards provided for in the collective agreement. Since the collective agreement and the wage agreement applicable to the plaintiffs have a preferential effect on the guidelines for remuneration in this case under the Trade Union and Labor Relations Adjustment Act, the part which was provided to the plaintiffs more unfavorable than the wage agreement and the collective agreement shall be null and void against the plaintiffs and that part shall be based on the standards provided for in the wage agreement and the collective agreement. Accordingly, the plaintiffs

(2) Second, if money and valuables paid to an employee as a worker for the prescribed or total work, which are regularly and uniformly paid, in principle, if the amount of wages falls under ordinary wages in light of the legislative intent of the Labor Standards Act and the function and necessity of the ordinary wage, it should be deemed that the amount of wages falls under a fixed wage paid periodically and uniformly. Thus, if a certain amount of wages falls under ordinary wages, it shall not be paid periodically and uniformly, or if it is not a fixed wage, such as whether it is paid periodically or uniformly, and the amount of payment varies depending on the actual work performance, it shall not constitute ordinary wages. Here, it shall include not only the amount paid to all the workers, but also the amount paid to all the workers who meet the specific conditions or criteria, and the term "specified condition" in this context shall be "fixed condition" in light of the concept of the ordinary wage to calculate a fixed and average wage (see, e.g., Supreme Court Decision 2006Da13070, Jun. 15, 2007).

Based on these legal principles, in light of the contents of the wage agreement as seen earlier, it is reasonable to view that, rather than the payment depending on actual work performance, the horse-time allowance, physical training allowance, professional leave allowance, public service allowance, and fixed-term work allowance claimed by the Plaintiffs are included in ordinary wages as allowances regularly and uniformly paid to all workers according to certain conditions.

Therefore, the second argument of the plaintiffs pointing this out is justified.

However, the plaintiffs A, C, D, E, F, H, K, K, 5, 9 days, 10 days, 4, 10 days, 3, 10 days, 5 days, 5 days, 10 days, 10 days, 5 days, 11 days, 5 days, and Q used in 209 respectively. However, in light of the overall purport of the arguments in the above evidences, the above plaintiffs asserted that the annual leave used in 2009 was 8 days, 8 days, 9 days, 11 days, 13 days, 5 days, 6 days, 6 days, 9 days, 14, 7 days, 9 days, 10 days, 10 days, 10 days, 10 days, 209, 10 days, 10 days, 10 days, 10 days, 20 days, 10 days, 10 days, 10 days, 20 days, 10 days, 10 days, 10 days, respectively.

Therefore, the defendant from June 1, 2009 to November 30, 209, for the period from May 1, 2009 to the rest of the plaintiffs except the above plaintiffs, as stipulated in the wage agreement and collective agreement of 2009 to November 20, 201, and with respect to ordinary wages, it shall be governed by the terms and conditions of the wage agreement of 2009 to 2011, and with respect to ordinary wages, it shall be reasonably calculated on the basis of the wages, including horse allowances, etc. which are not included in the wage agreement, and the remaining amount after the defendant paid to the plaintiffs for the same period or claimed for payment through separate lawsuits by the plaintiff 42 to 61, as claimed by the plaintiff, B, D, D, E, H, G, K, K, M,O and Q, it shall be 30% of the total annual amount from the following day to the 20th day of January 1, 2012 to the 2013rd day of each claim and its purport.

3. Conclusion

Therefore, the claims of plaintiffs A, B, C, D, E, F, G, H, J, K, L, M, N,O, P, and Q are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition by the assent of all participating Justices on the ground that the remaining claims of the plaintiffs other than the above plaintiffs are reasonable.

The presiding judge, the judge and the Dong judge

Judges Kim Jae-soo

Judges Jong-young

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.