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(영문) 대전고등법원 2015.07.16 2013나4423
임금
Text

1. The decision of the court of first instance, including the plaintiffs' claims expanded in the trial, is as follows.

Reasons

1. Basic facts

A. The parties are companies running the passenger vehicle transportation business of agricultural and fishing villages passenger buses, and the plaintiffs are those working as drivers belonging to the defendant.

B. The Plaintiffs’ labor relations under a collective agreement and wage agreement are determined by the C trade union (former title: D trade union; hereinafter “instant Trade Union”) to which the Defendant’s employees, including the Plaintiffs, belong and the collective agreement and wage agreement entered into between the Defendant (hereinafter “instant collective agreement and wage agreement”). The main contents of the instant collective agreement and wage agreement relating to the instant case are as follows.

[Written collective agreement of 2007] Article 10 (Recognition of Full-time Members of Partnership) Company recognizes full-time president of a trade union as its full-time president.

However, it shall be recognized as a full-time agent of the branch president, and other executives and employees of the union shall be decided by consultation by labor and management.

Article 11 (Treatment of Persons Transitioned)

1. The company shall pay to full-time officers under Article 10 an increase in full-time rates by applying the rate to be increased, if members' salaries are increased;

2. The former shall also be paid monthly, lump sum leave allowances, bonuses, and various allowances under the Convention in the same manner as ordinary members; and

(hereinafter referred to as "working hours") Article 30

1. Working hours of employees shall be eight hours a day;

2. The term "working hours" means from the starting time of the business to the ending time of the business (the time of parking in the parking location after arrival of a company);

Article 31 (Number of Days of Work) The number of monthly working days shall be governed by the wage agreement.

Article 40 (Labor System) The wage system is as follows:

1. Basic pay: The basic pay of employees means the pay which guarantees the minimum standard of living for one month by the family members of five on the basis of eight hours a day and eight full hours a day;

2. Allowance for overtime work: The allowance for overtime work shall be included in the daily allowances of employees under the wage agreement;

3. Monthly holiday allowances: The company shall pay monthly paid holiday allowances to full-time workers during the 30th day of each month.

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