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(영문) 대구지방법원영덕지원 2016.11.29 2011가단3072
임금
Text

1. The Defendant’s payment to the Plaintiffs as stated in the separate sheet No. 2 list “personal worth” and as to each amount, from January 2, 2012 to January 2, 2016.

Reasons

1. The plaintiffs' alleged physical power training expenses, weather allowances, and good attendance allowances (hereinafter "the bonus of this case") which the defendant paid to the plaintiffs constitute ordinary wages.

Nevertheless, the Defendant calculated ordinary wages with the exception of the instant bonus, and paid overtime work allowances, holiday work allowances, annual leave work allowances, and night work allowances based thereon.

Therefore, from February 2, 2010 to December 2, 2011, the Defendant is obligated to pay the Plaintiffs unpaid part of the overtime allowance, holiday work allowance, annual holiday work allowance, night work allowance, etc. including the instant bonus from ordinary wage.

In addition, since part of the work performed by the plaintiffs during holidays falls under holiday work and overtime work, the defendant should have paid overtime work allowances to the plaintiffs.

Nevertheless, since the Defendant paid only holiday work allowances for the above work, it is obligated to pay the Plaintiffs unpaid part of overtime work allowances.

2. Facts of recognition;

A. The Plaintiffs entered into an employment contract with the Defendant and worked as a street cleaners to which the Defendant belongs.

B. Among the management regulations that apply to the Plaintiffs, the main contents of wages, working conditions, etc. are as follows.

[Management Regulations for Fixed-Term Workers and Fixed-Term Workers for at least one year] Article 2 (Definitions)

1. The term "weapon contract worker" means a civilian who is not a public official under the Local Public Officials Act, but who enters into a military labor contract with him/her and works full-time;

Article 3 (Scope of Application) (1) Except as otherwise provided for in other Acts and subordinate statutes (including Municipal Ordinances and Rules Directives), matters concerning labor, service, etc. of workers, shall be governed by the provisions of this Article.

(1) Workers subject to the provisions of Article 3 shall be as follows:

3. Street cleaners:

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