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(영문) 부산고등법원 (창원) 2018.12.20 2015나22543
임금 등
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

Basic Facts

The Plaintiffs were employed from the Defendant as an employee in a public office (the name was “inorganic contract,” but was changed to a “public office” in accordance with the collective agreement concluded on August 8, 2013) and worked as the Defendant’s street cleaners.

The Defendant entered into each collective agreement and wage agreement with the Democratic Labor Union and the General Labor Union to which the Plaintiffs belong (hereinafter “instant union”) on the wages in the year 2011 through 2014, and the main contents thereof are as stated in attached Form 3.

(hereinafter collectively, the aforementioned wage-related provisions were collectively referred to as “the instant wage payment standard.” From October 2011 to September 2014, the Defendant paid the Plaintiffs basic pay, bonuses (finite allowances, fixed-time allowances, physical fitness allowances), fixed-amount allowances [family allowances, special duties allowances, work encouragement allowances, environmental facility work allowances (limited to workers at the domestic waste disposal place)], welfare expenses (fixed-amount meal allowance, household subsidy, transportation subsidy, and long-term leave expenses), respectively, according to the instant wage payment standard.

On the other hand, the defendant calculated ordinary wages by reflecting only basic pay, special work allowance, work encouragement allowance, household subsidy, fixed meal allowance, and traffic subsidy during the period of this case. Based on this, overtime work allowance, night work allowance, holiday work allowance, paid holiday work allowance, and annual paid leave allowance have been paid to the plaintiffs.

[Ground of recognition] The fact that there is no dispute, Eul evidence Nos. 1 through 5 (the family identification number is included in each number; hereinafter the same shall apply), and the ordinary wage which is the basis for calculating legal allowances for the entire purport of the pleadings, among the benefits received by the plaintiffs during the claim period of this case, the bonus (end allowances, good attendance allowances, physical training allowances), a holiday leave allowance, and an environmental facility allowance are included in the scope of ordinary wage under the Labor Standards Act.

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