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(영문) 수원지방법원 2015.07.16 2013가단66207
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 1996, the Plaintiff joined the Defendant and retired from the position of the deputy head on April 30, 2013. At the time, the duties were the team leader and class of the 1st team of the technical research institute.

B. Provisions regarding working hours, extension, night, and holiday allowances in a collective agreement concluded between the labor union established with the defendant and the defendant (hereinafter “instant collective agreement”) and the defendant’s employment rules (hereinafter “employment rules of this case”) are as follows.

[Collective Convention] Article 28 (Collective Agreement) (1) The working hours of ordinary workers shall be 8 hours a day and 40 hours a week a week.

(2) Working hours of a shift worker shall be subject to labor-management consultation under the Labor Standards Act.

(3) The starting and ending hours of business shall comply with the rules of employment, and may be amended by mutual agreement between labor and management.

Article 29 (Overtime Work, etc.) Any company may, if necessary for equity in work, perform overtime work, night work, and holiday work through an agreement between labor and management, and detailed measures for preservation shall be separately determined.

Article 29 (Overtime Work Allowance) Extensions, nights, and holiday allowances shall be as follows:

(1) Any extension allowance shall be calculated by adding up both ordinary wages ¡¿ 1.5/209 ¡¿ hours (2) ordinary wages ¡¿ 1.5/209 ¡¿ hours 】 50% ¡¿ ordinary wages when on holiday work 】 1.5/209 ¡¿ hours when on holiday work, ④ ordinary wages ¡¿ 1.5/209 ¡¿ hours when on holiday work 】 50% 】 if on holiday work, overtime work, night work, or holiday work overlap, each allowance shall be aggregated.

[Rules for Employment] Article 16 (Rules for Ordinary Workers) (1) The working hours of ordinary workers shall be eight hours a day and forty hours a week.

Provided, That if necessary, he/she may be allowed to work for an extended period of up to 52 hours a week.

Article 18 (Commencement and Closing Hours) The starting and ending hours of ordinary workers shall be from 09:0 to 18:00.

Provided, That it may be changed as necessary for the performance of its duties.

Article 32 (Extended and Holiday Work) (1) An employee shall, if necessary for the circumstances of the company's business, be determined by Article 16 of this Decree.

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