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(영문) 대전지방법원 2016.01.13 2013가합403
임금 등
Text

1. The defendant's claim amount and the claim amount by plaintiff as shown in attached Table 1 against the remaining plaintiffs except the plaintiff A (6), B, and C.

Reasons

1. Basic facts

A. The Defendant (Seoul District Court changed the trade name to Nonghyup District Co., Ltd. on August 20, 2013) is a company that engages in the manufacture and sale of pesticides and chemical drugs, the manufacture and sale of pharmaceutical products, and the manufacture and sale of pharmaceutical products and non-pharmaceutical drugs. The Plaintiffs are those who are or were engaged in the Defendant’s production and sale office workers or employees.

B. The Defendant has paid wages to its employees in accordance with the wage rules and collective agreements.

The main contents of the wage regulations and the collective agreement are as shown in attached Table 2.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's 1 through 7, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The primary assertion 1) is referred to as the basic performance grade, the achievement grade, and the special performance grade (hereinafter “performance grade”);

(2) The Defendant calculated piece rates based on ordinary wages under the Labor Standards Act, excluding food and transportation expenses. Nevertheless, the Defendant calculated piece rates based on ordinary wages calculated by excluding food and transportation expenses, and paid them to the Plaintiffs. The Defendant shall pay the difference between piece rates and the amount paid during the period from January 1, 2010 to December 31, 2012 based on the property-fixed ordinary wages, including food and transportation expenses. 2) The Defendant paid annual leave allowances, overtime work allowances, Saturday allowances, holiday work allowances (hereinafter “each statutory allowances”) to the Plaintiffs on the basis of ordinary wages calculated except that increased piece rates are included in ordinary wages.

The defendant shall pay the difference between each statutory allowance and the amount already paid from January 1, 2010 to December 31, 2012 on the basis of the ordinary wage determined by property, including the above-mentioned food support expenses, transportation expenses, and increased piece rates as above.

3 If the working hours exceed 40 hours a week, one shall be employed on Sundays.

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