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(영문) 서울고등법원 2016.06.29 2016나2010429
임금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is a company running broadcasting vehicle driving business, etc., and the plaintiffs are those who work or worked in the defendant's workplace.

B. The major contents of the labor-management agreement and the rules of employment, etc., which served as the payment criteria when the Defendant pays wages to the Plaintiffs are as follows.

(1) The Defendant concluded a collective agreement with KBS subdivision of the Korean Press Workers’ Union (hereinafter “Trade Union”) which is a trade union in which more than half of the Defendant’s full-time workers are members, as follows:

▣ 단체협약(2013. 12. 16. 체결된 것) 제2조(협약의 우선) 이 협약에서 정한 기준은 근로기준법, 회사의 취업규칙과 사규, 여타의 개별적 근로계약에 우선하며, 그중 협약 기준에 미달하는 사항은 이를 무효로 하고 그 부분은 협약 기준에 따른다.

Article 61 (Labor Convention) (1) A trade union and a company shall provide for all matters concerning wages of union members as a separate agreement.

(2) In principle, an agreement under paragraph (1) shall be applied retroactively from one month after entering into a year.

Article 67 (Food Expenses) Company shall pay to members of the Association food assistance expenses, and the standards and methods for the payment thereof shall be governed by a separate agreement.

▣ 2010년 임금에 관한 합의서

1.The wages of the Staff of 2010 shall be as follows:

(b) Ordinary wages which are the criteria for paying overtime allowances shall be basic pay for duties, and they shall be applied based on 4,110 won in the City;

(예, 평일 연장 시간당 6,165원). ▣ 2011년 임금에 관한 합의서

1.The wages of officials of 2011 shall be as follows:

(b) Ordinary wages which meet the payment criteria for overtime allowances shall be those for continuous service as basic pay;

(e) On-site drivers (less than three years): Application of the criteria of City 4,320 won (longing on a normal day: 6,480 won); hereinafter omitted.

2.As from January 1, 2012, meal expenses and communication expenses shall be paid. (a)

Meal expenses shall be KRW 150,000 per month.

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