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(영문) 대구지방법원서부지원 2014.10.16 2013가합455
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a company established for the purpose of developing and manufacturing automatic, power appliances, intensive load systems, and design smoke, and the plaintiffs are employees belonging to the defendant.

B. The Defendant concluded a collective agreement with B trade union A Co., Ltd. to which the Plaintiffs belong (hereinafter “instant collective agreement”). The main contents of the instant collective agreement are as follows.

Part III. (Work Hours) The basis for work on eight hours a day, forty hours a week, five days a week, and five days a week, which is not lower than the existing working conditions and wage under Article 18 (Work Hours) of the Act.

1. Basic working hours: 08:30-17:30 ( Night working hours: 20:30-05:30);

2. Extended working hours: Article 21 (Extension of Work Hours, Holidays, Night Work) (Extension of Work Hours). 18:0-21:00 (Extension of Work Hours 05:30-08:30 at Nighttime)

1. The Company shall pay 50% of its ordinary wages to its members for overtime work, holiday work, night work (22:00 to 06:00 on the following day).

2. 50% of ordinary wages shall be additionally paid for extended work on holidays;

3. First day, fourth day, and fourth day of New Year’s Day.

4. Date of anniversary of the establishment of a company - October 1.

5. Workers' Day ( May 1);

6. Legal holidays (including temporary holidays);

7. A anniversary for the establishment of a new labor union (if it overlaps with a paid holiday, it shall guarantee one day’s paid holiday). Article 22 (Monthly Leave)

1. The company shall allow female members to take part in a monthly gender leave of one day per month, and the members shall submit a vacation before one day; and

2. 100% of ordinary wages shall be paid on the day of non-use physiological leave.

Article 27 (Annual Leave)

1. The company shall grant 15-day paid leave to workers who work for not less than 80 percent of one year by its members;

2. The company shall add one day’s paid leave to the number of years of continuous employment in excess of one year for any member who has been employed for more than three consecutive years from the date of his employment.

3. An annual paid leave may be used in a timely installment only for one year;

(g) The annual leave of absence for unused portion shall be paragraph (b).

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