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(영문) 서울고등법원 2018.11.02 2016나12023
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

1. The Plaintiffs subject to the judgment in this Court claimed the unpaid wages, retirement allowances, and damages for delay.

The first instance court dismissed the Plaintiffs’ claim as to the part of the claim for overtime allowance related to the additional allowances, and accepted the remainder of the claim.

The plaintiffs appealed against the part of the claim for additional wage which is overlapping with the judgment of the court of first instance, and the defendant appealed against the part against the defendant among the judgment of the court of first instance. The defendant appealed against the judgment of the court of first instance.

Therefore, only the part appealed by the plaintiffs and the defendant is subject to the judgment of this Court.

2. Basic facts

A. The defendant is a company that manufactures, sells and supplies automobile parts, and the plaintiffs are manufacturing workers working in the defendant's Pyeongtaek Factory.

The allowances for continuous service are classified into continuous service allowances, family allowances, production allowances, position allowances, QC allowances, special duties allowances, field allowances, welfare allowances, physical training allowances, qualification allowances, license allowances, sanitation allowances, sanitation allowances, full-time training allowances, dispatch allowances, and other allowances and other allowances under statutes.

The defendant shall pay an allowance calculated on a daily basis to a new employee, a person on leave of absence, a person on leave of absence, a person on leave of absence, or absence.

(2012 Guidelines for the Payment of Benefits do not specify the year, and only the “Guidelines for the Payment of Benefits” is “Guidelines for the Payment of Benefits.” Article 8). The Defendant pays 150% of ordinary wages for extended holiday work and 70/100 of ordinary wages for night work.

(Article 64 of the Collective Agreement of 2010 and Article 63 of the Collective Agreement of 2012). Week holidays (limited to Sundays and any person who works for the relevant week) and December of 2000 annually.

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