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(영문) 대구고등법원 2018.11.21 2015나23674
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a manufacturer that produces teas, etc. at the seat of the Daegu-gun District Court J, and the Plaintiffs are monthly-class workers employed by the Defendant.

B. From September 12, 2002, the Defendant entered into a collective agreement with the Plaintiffs’ trade union and paid wages to the Plaintiffs in accordance with the collective agreement and the Defendant’s rules of employment. The contents related to this case under the collective agreement and the rules of employment are as follows.

▣ 단체협약 제5장 근로시간 제32조 (근로시간) 근로시간이라 함은 소정 근로시간 내에 행하여지는 실제 작업시간, 작업준비시간, 조회시간, QC활동시간, 청소시간, 교육시간, 그리고 회사가 주관하는 각종 행사시간을 통틀어 말한다.

1. The basic working hours shall be eight hours a day, and forty hours a week;

2. The contractual working hours per month shall be 174 hours;

Article 37 (Monthly and Monthly Leave)

1. The company shall grant a monthly paid leave of one day to a worker who has opened a prescribed number of working days every month; and

2. As of January 1 of each year, 10 days in full-time attendance, and 8 days in full-time attendance at 90 percent or more during the attendance; and

5. With respect to members who have worked continuously for not less than two years, one year of consecutive service year exceeding one year shall be given one day’s paid holiday added to the number of days of leave referred to in paragraph (2);

9. The remaining unused annual rent shall be paid after settlement of 100% of ordinary wages;

Chapter 6. (Definition of Terms) The definitions of terms used in a collective agreement shall be as follows:

1. The term “wages” refers to all money and valuables paid to members in return for the labor force;

2. The term "basic pay" means a basic unit of wages paid to members in return for labor force;

3. The term "Allowance" means a certain amount to be paid in accordance with the criteria for the payment of allowances;

4. The term "subsidies" means money and valuables granted in accordance with welfare policies, and refers to school expenses subsidies.

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