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(영문) 서울고등법원 2012.02.03 2010나23410
임금
Text

1. The judgment of the first instance against the plaintiffs, including the claims extended and reduced in the trial, is as follows:

Reasons

1. Basic facts

A. The plaintiffs K, AA, and BK (hereinafter referred to as "commercially employed plaintiffs") are employed by the defendant and have been in charge of replacing measuring instruments and dredging through water, or are currently in charge of them. The plaintiffs who are street cleaners were employed by the defendant, or are currently employed as street cleaners.

B. The Plaintiffs have been paid wages in accordance with the collective agreement concluded between the National Democratic Union and the Defendant to which they belong, and the Defendant’s own standards. The contents of the collective agreement in 2005 relating to the claim of the Plaintiffs who are commercial workers are as follows.

Article 4 (Ordinary Wages) (1) Basic wages for the calculation of ordinary wages mean wages paid for contractual work regularly, fixed, and uniformly every month.

(2) The standard hours for calculation of monthly ordinary wages shall comply with the Guidelines for Implementation related to the reduction of working hours in the Ministry of Labor (referring to 79 pages of reference materials for wage group bargaining in 2005, and issuance in March 2005).

(3) The basic wages for the calculation of ordinary wages shall be the sum of the monthly basic wages, sanitation allowances, risk allowances, traffic subsidies, and fixed meal expenses.

Article 5(Basic Grade) (1) The basic salary of full-time manpower shall be increased as follows:

The types of occupation with a basic daily wage of at least 30,00 won, such as waterway, dredging, etc.: Basic wage of 2.4% and other types of occupation with a basic daily wage of less than 30,000 won: 4% of the basic salary.

However, the additional charges for continuous service shall be calculated by multiplying 65% of the amount calculated by dividing the monthly basic salary by the monthly fixed working hours by 65% of the annual fixed working hours.

(3) The Sungnam-si shall convert the wages system of other local governments into the wage system within the early limit of time.

Article 9 (Working Hours) 8 hours per day, 40 hours per week, and 5 days per week.

However, it may be determined differently according to the type of business and occupation.

Article 10 (Compensatory Holidays) (1) Saturdays shall be a paid holiday.

except that;

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