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(영문) 서울고등법원 2018.10.26 2017나2048520
임금
Text

1. Of the judgment of the first instance, the part against the Defendant regarding Plaintiff D and the remainder of the Plaintiffs except for Plaintiff D.

Reasons

1. Basic facts

A. The Defendant is a company that engages in the manufacture and sales business of drugs, quasi-drugs, etc., and the Plaintiffs are employed by the Defendant on the date indicated in the pertinent “the date of entry” column for each Plaintiff as listed below and serve as a business employee.

"Date of withdrawal" of the same Table shall be the person retired at the date stated therein.

Plaintiff

On May 31, 2015, A on May 31, 2015, B B, 2008, May 31, 2015, C, May 31, 2015, 201, D, May 31, 2015, 2015, September 9, 2015, 2010, E, November 25, 2010, when the F, August 31, 2015, July 20, 2015, July 17, 2015, G, 2016:

The contents related to this case among the defendant's rules of employment are as follows.

(The “basic pay” in Article 54 consists of job allowances, continuous service allowances, family allowances, qualification allowances, and allowances by function in addition to the basic pay by class according to position and by class of salary according to the number of years of continuous service). Article 6 (Work Hours and Holidays)

1. The starting, ending, and recess hours of employees shall be as follows:

(a) Starting business: At 9 A.M. (b): 12:00 p.m. to 13:00 p.m. (c): 6 P.m.

3. Employment hours shall be based on eight hours a day, excluding one hour of recess, and forty hours a week;

Article 11 (Overtime Work, Holiday Work) In cases falling under any of the following subparagraphs, an order may be issued to all or a specific employee to work overtime or holiday work for a fixed time in advance:

(A) If it is inevitable for business purposes, (B) it is temporarily necessary due to a disaster or a cause not attributable to it, Article 54 (wages)

1. Wages for employees shall be classified by the regulations, into basic pay and overtime work allowances, and shall be as shown in the attached Table in the basic pay;

Article 58 (Overtime Work Allowances) 50/100 of ordinary wages shall be paid in addition to overtime work allowances.

C. In addition to basic pay, the Defendant shall pay 28,000 won to the employees of each business department, including the Plaintiffs, who are business employees, for each working day, and shall additionally pay 100 won per travel distance in the case of a business trip.

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