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(영문) 인천지방법원부천지원 2014.05.22 2012가단37048
임금 등
Text

1. The Defendant (Appointed Party) against the Plaintiff (Appointed Party), KRW 17,834,958, and KRW 15,549,194 and each of the said amounts.

Reasons

1. Basic facts

A. The plaintiffs A and the designated parties B (hereinafter referred to as the "Plaintiffs") belong to the parking traffic division of the defendant Bupyeong-si Facility Management Corporation (hereinafter referred to as the "Defendant Corporation") and worked for commercial workers in the off-road parking lot. The plaintiffs are members of the Bupyeong-si Facility Trade Union, and the defendant Corporation is the plaintiffs' employers.

B. Relevant provisions concerning the instant case are as stated in the attached Form “relevant Regulations” among the Management Regulations for the Commercial Service of the Busan Facilities Management Corporation (hereinafter “instant Management Regulations”) and the collective agreement concluded between the Busan Facilities Management Corporation and the Defendant Corporation (hereinafter “instant collective agreement”) which provided that the Plaintiffs received wages from the Defendant Corporation.

C. The Defendant Corporation calculated ordinary wages and paid statutory allowances based thereon (i) pursuant to the instant Commercial Service Regulations and the collective agreement, and calculated ordinary wages without including only basic pay to the Plaintiffs, but not including each bonus, continuous service allowance, food expenses, and holiday leave expenses (hereinafter “instant bonus allowance, etc.”). Based on the ordinary wages calculated from October 209 to September 2012 with the Plaintiffs as above, based on the ordinary wages calculated on the following calculation criteria, Defendant Corporation paid each amount indicated in the “existing allowances” by each Plaintiff as part of the “existing allowances” in the attached Table according to the following calculation criteria to the Plaintiffs: (i) overtime allowances; (ii) holiday allowances; (iii) night allowances; (iv) night allowances; and (v) weekly holiday allowances.

Standard of classification payment x overtime work allowance (ordinary pay) x 150/100 x working hours holiday work allowance (daily pay) x 150/100 x ordinary wage in night work hours x 150/100 x working hours x ordinary wage in weekly work hours (daily pay) x the number of working days x the Plaintiffs’ calculation of various monthly allowances from October 2009 to September 2012.

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