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(영문) 창원지방법원 2018.10.04 2017나60489
연차수당 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The defendant is KRW 374,182, and KRW 2,075,458 to the plaintiff C, respectively.

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiffs, as workers who entered into an employment contract with the Defendant, could have employed annual leave pursuant to the collective agreement with the Defendant from January 1, 2016 to December 31, 2016.

B. The Defendant did not pay annual allowances, such as the statement in the separate claim list, to the Plaintiffs on the ground that the Plaintiffs’ annual leave has expired since the Defendant notified the Plaintiffs of the promotion of use of annual leave based on Article 61 of the Labor Standards Act and the designation of the period of use.

2. An employer shall grant 15-day paid leave to any worker who has worked not less than 80 percent of a year for one year under Article 60 of the Labor Standards Act;

(2) Every employer shall grant any worker who has continuously worked for less than one year or who has worked less than 80 percent of one year a paid leave of one day per month during which he/she has continuously worked.

(3) Where an employer grants a paid leave for work for the first year of a worker, it shall be 15 days including the leave under paragraph (2), and where an employee has already used the leave under paragraph (2), the number of days of the relevant employed leave shall be deducted from 15 days.

(4) An employer shall grant a worker who has worked for not less than three consecutive years one day’s paid leave for each two consecutive years of the continuous work training in excess of the first one year from the leave under paragraph (1).

In such cases, the total number of days of leave, including additional leave, shall not exceed 25 days.

(5) An employer shall grant a worker a leave referred to in paragraphs (1) through (4) at the time requested by the worker, and pay him/her ordinary wages or average wages for that period determined by the rules of employment, etc.

Provided, That where the granting of leave at the time of request by a worker causes enormous impediment to the operation of the project, the period may be changed.

(7) Leaves under paragraphs (1) through (4) shall be exercised for one year.

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