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(영문) 대전고등법원 2019.07.04 2019나27
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2.2.

Reasons

Basic Facts

The defendant is the company that operates the automobile parts manufacturing business, etc.

The Plaintiffs are production workers who are employed by the Defendant and are members of the BG Trade Union (hereinafter referred to as the “instant Trade Union”).

The Defendant and the Trade Union of this case concluded a collective agreement on September 26, 2008 (applicable period: from April 1, 2008 to March 31, 2010), respectively, the collective agreement in 2010 (applicable period: from April 1, 2008 to March 31, 2010) and the collective agreement in 2010 (applicable period: from March 1, 2010 to March 31, 2012) respectively.

(hereinafter referred to as the “instant collective agreement”) by combining the collective agreement in 2008 and the collective agreement in 2010. The main contents are as set out below (Attachment 1).

Article 3 (Effect of Convention)

2.If negotiations for renewal are in progress even after the expiry of the term of validity of this Convention, the effects of this Convention shall continue.

Article 40 (wages)

4. The criteria for ordinary wages shall be the amount calculated by aggregating the allowances referred to in the following subparagraphs in the basic wages:

(1) Position allowance, (2) production allowance, (3) injury allowance, (4) continuous service allowance, (5) quality allowance, (6) physical training allowance, (7) physical training allowance, (8) self-welfare allowance, Article 48 (Reward) allowance.

1. Bonuses shall be paid 700% per annum (collective agreements, 2008) or 750% per annum (collective agreements, 2010).

Provided, That the payment rate shall be paid by adding the fixed amount of 20,000 won and the amount of 30 hours O/T to the basic wage, including the allowances referred to in the subparagraphs of Article 40 (wages) 4.

2. The timing of payment of bonuses shall be 100% for each of 2,4, 6, 8, 10, and 50% for each of 2,4, 6, 8, 10, and 12, for each of the following vacations (in addition to collective agreements in 2010), and for each of the mid

3. The company shall pay the fixed amount of 500,000 won at the next leave.

The wages of the members of the association under Article 49 shall be paid directly to the principal in currency on the seventh day of the following month after the end of each month.

Provided, That the method of calculation shall be in accordance with the salary regulations.

Article 54 (Retirement Allowance System) Article 34 (Retirement Allowance System) of the Labor Standards Act shall apply.

Provided, That where a retirement allowance becomes an interim settlement, it shall not be applied to annual, monthly, continuous service allowances, promotion, or promotion.

Article 5 (Time of Work)

1. The company shall be a member.

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