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(영문) 서울고등법원 2018.05.16 2017나2058053
임금
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The status of the parties is a company aimed at marine cargo transportation business, etc., and the plaintiffs are those who work in the HH center in the party branch under the defendant's control.

B. The Defendant’s collective agreement, etc. [collective agreement (2012)] Article 31 (Fictitious Allowances) of the Defendant’s collective agreement, etc. (hereinafter “Collective Agreement”)] shall pay various allowances to the members

(1) Allowances for overtime, nights and holidays shall be governed by the Labor Standards Act.

2. Article 38 of the Convention appears to be a clerical error in Article 39 of the Convention.

50/100 of ordinary wages shall be additionally paid for paid holidays specified in the paragraph.

Except as provided for in Article 35, the collective agreement of 2014 shall have the same effect as that of the said collective agreement.

Article 35 of the collective agreement of 2014 (Life-saving Bonuses) The defendant shall pay 100% of the base amount for each class to snow and prosecution as bonus.

The standard amount and payment methods by class shall be determined separately.

The defendant shall be paid a bonus of 700% per annum, and 100% per annum shall be paid as bonus in February, April, June, August, August, October, October, and December, and 50% per annum as bonus.

Article 37 (Standard Work Hours) The work hours shall be based on 8 hours a day and 40 hours a week, but overtime work may be performed in excess of 12 hours a week in consideration of the characteristics of transportation business.

Article 38 (Time of Holiday) (1) Time of break, including hours of meals, in addition to working hours under the preceding Article, shall be allowed.

(2) The defendant shall freely use the break time under the preceding paragraph.

Article 39 (Payment Holidays) The defendant gives members paid holidays as follows:

(1) A weekly holiday. (2) A holiday and a national holiday. (4) A holiday for the establishment of a company shall be held only when there is no fixed holiday in consideration of the public interest of transportation services.

The Regulations on Benefit Management enforced from January 1, 2015 are the Regulations on Benefit Management enforced until December 31, 2014 (section IV).

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