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(영문) 서울고등법원 2016.12.14 2016나2006116
시간외 근무수당 지급청구
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The plaintiff (Appointed Party)'s claim extended in the trial.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff was declared bankrupt on April 29, 2014 by the Seoul Central District Court 2014Hahap53, and the Defendant was appointed as the trustee in bankruptcy of the Swiss Savings Bank.

B. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) collectively refer to the Plaintiff and the designated parties, are employees who signed an employment contract with the Switzerland Savings Bank and worked in the Switzerland Savings Bank.

B. (i) On the payment of overtime work allowances before July 1, 2012, the service regulations and wage regulations concerning the business hours and the standard working hours and overtime work hours of the Sma Savings Bank (hereinafter “instant service regulations”) are as follows.

Article 26 of the Service Regulations (Business Hours and Standard Work Hours) Business Hours and Standard Work Hours are as follows:

Provided, That business hours shall be determined separately, if so determined.

Article 27 (Overtime Work) 09:00-16:00-18:00-18:000 on the daily working hours of each day or separate business hours (overtime work) (1) If necessary due to office work, the head of the department in charge of management support may obtain prior approval from the head of the savings bank via the head of the savings bank and order him/her to work overtime or on holidays in addition to working hours.

(2) The overtime work allowances shall be paid to employees who have worked overtime or on holidays under the preceding paragraph.

Article 24 (Overtime Allowances) (1) of the Regulations on Benefit may be paid overtime work allowances for working after 06:00 to 08:30, and 19:00 of the same day.

In such cases, an overtime worker shall obtain approval from the head of the management support center for overtime work through the head of the relevant father.

(2) With respect to the holiday work on account of special reasons, overtime work or holiday work may be paid out of the hours equivalent to that of overtime work or holiday work per hour (ordinary wage x 1/30 x 1.5).

(3) Time under paragraph (2) above.

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