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(영문) 서울고등법원 2015.05.29 2014나2037215
임금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and that part shall be revoked.

Reasons

Basic Facts

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and therefore cites it as it is by the main text of Article 420 of the Civil Procedure Act.

The plaintiffs asserted by the parties to the judgment on the claim of the principal lawsuit in calculating the "hourly Wage" which is the basis for the plaintiffs to pay weekly paid leave allowance, overtime work allowance, night work allowance, full-time overtime allowance, annual allowance, annual allowance, and holiday allowance (hereinafter collectively referred to as the "hour Wage") to the plaintiffs, the defendant calculated the hourly ordinary wage on the basis of only the basic salary, excluding bonuses, accident-free allowance, continuous service allowance, good faith allowance, and team leader allowance, and the team leader's allowance also constitutes ordinary wage.

Therefore, the defendant shall include bonuses, accident-free allowances, continuous service allowances, good faith allowances, and team team team allowances in ordinary wages, calculate hourly ordinary wages and pay them to the plaintiffs.

Therefore, the Defendant is obligated to pay the respective corresponding money and damages for delay stated in the “amount claimed” column in the separate sheet, which is the difference between the fixed amount of the instant legal unit and the fixed amount of the property based on ordinary wages, including bonuses, accident-free allowances, continuous service allowances, good faith allowances, and team team allowances paid to the Plaintiffs from April 1, 2010 to April 30, 2013.

Given the characteristics of bus transportation business, the Defendant, as a matter of course, has to perform additional work such as overtime work, night work, and holiday work. Therefore, the Defendant agreed with workers on overtime work, night work, and holiday work hours, and paid wages in the manner of a comprehensive wage system, regardless of actual work hours, by which the sum of wages and statutory allowances in this case was paid monthly wage. Such comprehensive wage system was also stipulated in a collective agreement, wage agreement, etc., and the Defendant paid wages to

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