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(영문) 서울동부지방법원 2016.11.15 2014가합6723
임금
Text

1. The Defendant: (a) KRW 6,467,879; (b) KRW 6,195,782; (c) KRW 6,494,647; and (d) KRW 4,953.

Reasons

Basic Facts

The Defendant is a company established for the purpose of cleaning agency business, garbage collection and disposal business, and the Plaintiffs, after concluding a labor contract with the Defendant, served as the Plaintiff, B, C, D, E, and G (from October 2012), Plaintiff F, G (from November 2012), H, and I as the Defendant’s driver.

The Defendant and the Defendant’s trade union concluded each collective agreement and wage agreement in 2006 and 2013 (hereinafter “instant collective agreement in 2006”), and the main contents of the collective agreement in 2006 (hereinafter “instant wage agreement in 2006”), the wage agreement in 2006, and the wage agreement in 2013 (hereinafter “instant wage agreement in 2013”) are as follows. A collective agreement in June 1, 2013 (hereinafter “instant collective agreement in 2013”) stipulates that the contents of Articles 34 through 37, and 46 through 48 are the same as the contents of the instant collective agreement in 206, but the period of validity of Article 80 stipulates that bonuses shall be paid to members who have served continuously for at least one year after becoming a member under Article 48, and the period of validity of working hours under Article 80 shall be from June 14, 2015 to June 14, 2015 (hereinafter “instant collective agreement”).

Article 35 (Commencement and Closing Hours) (1) Starting and ending hours shall be operated as follows:

Terms of contractual work: 01:0 (Temporary Hours) to 8:20 (Monthly to Saturdays): Article 36 (Recess Hours) of the Fixed Extension Work per week; 1. 8 hours a week; 20 hours a week; 36 (Recess Hours); 06:0-07:00 hours a week.

Provided, That it may be used flexibly according to the status of the business.

Article 37 (Extended Work, Night Work, Holiday Work) (3) Company shall pay additional wages of 50/100 of ordinary wages for overtime work, night work, or holiday work.

Article 46 (Income) (1) A company shall pay the appropriate wages to its members for their stable livelihood, as monthly salary, and the composition thereof shall be as follows:

1. Basic pay:

2. The various allowances;

3. The details of allowances and expenses under Article 47 (Allowances and Expenses, Ordinary Wages and Average Wages) of bonuses, their detailed matters and ordinary wages;

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