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(영문) 서울고등법원 2011.08.19 2010나5894
임금
Text

1. The judgment of the first instance, including the plaintiffs' claims expanded or reduced in the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. As a basic local government, the Defendant is an employer of the Plaintiffs, and the Plaintiffs are those employed by the Defendant, who were employed by the Plaintiffs and were employed by the Plaintiffs B, C, D, E, E, F, G, H, I, J, K, L, M, and N as park managers, and the rest of the Plaintiffs are workers employed or retired while serving as business employees, such as waterways or dredging gardens.

(hereinafter referred to as the "Plaintiff's commercial workers" and the "Plaintiff's Park Management Institute" when referring to the plaintiffs who are the park managers.

Plaintiff

Since the conclusion of the wage agreement in 2002, the Korean Democratic Union Trade Union (former title: the Gyeonggi-do Regional Trade Union) and the 15 local governments, including the defendant, to which the commercial workers belong, have entered into a wage agreement or a short-term agreement to succeed to the previous wage agreement as it is, and have entered into a collective agreement. The above plaintiffs were paid overtime work allowance, holiday work allowance, annual leave allowance, monthly leave allowance, and retirement allowance from the defendant in accordance with the ordinary wage standards based on the wage agreement or collective agreement applicable from June 2005 to December 2008, and received monthly continuous work additional payment, annual leave allowance, and annual leave allowance, to the extent related to the cause of claim among the above wage agreement and the contents of the collective agreement.

C. Meanwhile, in the case of the Plaintiff Park Management Institute, only the name is the same as the street cleaners, and the Defendant’s collective agreement concluded in 2005 with the Suwon Labor Union and concluded in 2006, 2007, and 2008 between the Plaintiff Park Management Union and the Ministry of Government Administration and Home Affairs and enacted each wage agreement entered into in 2007 and the Ministry of Government Administration and Home Affairs, respectively.

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