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(영문) 창원지방법원 2015.09.09 2015나2748
약정금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

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

Reasons

1. Basic facts

A. The defendant is an incorporated association established pursuant to Article 45 of the Tourism Promotion Act and Article 41 of the Enforcement Decree of the same Act, and operates 9 tourist guide centers entrusted by the Gyeongnam-do from May 12, 1994, and the plaintiff was employed as the defendant's tourist interpreter guide on February 9, 2004 and served as a guide at the Gyeongnam-Gyeongnam General Tourist guide Center established at Daejeon-Yan Highway B resting area (Haak-Yan Highway).

B. The contents of the Regulations on the Operation of the Tourism Information Center (Employment Rules) at Gyeongnam-do reported on April 26, 2011 are as follows:

Article 30 (Work Hours) (1) Work hours per week shall be 40 hours excluding recess hours, and work hours per day shall be from 09:00 to 18:00.

Article 31 (Recess Hours) In principle, recess hours shall be from 12:00 to 13:00 of working hours.

Article 36 (Flexible Holidays) (1) Two days per week shall be granted to employees who have worked for a prescribed working day as paid holiday.

(2) Paid holidays other than those referred to in paragraph (1) shall be as follows:

1. The new situation, the Gu administration, and the date of memorials;

2. Workers' Day ( May 1);

3. Anthracited coal, butane;

4. Maternal leave (3) The holiday shall be taken off on the new holiday, the Gu administration, the day on which the holiday is on the day, the Workers' Day, the tin New Year's Day, and the gender Section

C. The wage agreement of 2013 concluded between the Defendant and the Plaintiff and the Gyeongnam Tourism Association Branch of the Democratic Labor-General Trade Union (hereinafter referred to as the “Labor Convention of 2013”).

The contents of the Plaintiff’s basic salary is KRW 1,352,320 for the Plaintiff’s basic salary in 2013. Article 8 (Payment and Payment Criteria) The Defendant shall pay bonuses to members as follows: (i) the end allowances: 4 times a year 】 ordinary wage of KRW 100: (ii) the transportation cost of KRW 80,00; (iii) the fixed meal cost of KRW 120,00; (iv) the fixed meal cost of KRW 120,000 for job duties allowances; and (iv) the purport of the entire pleadings:

2. Determination as to the cause of claim

A. Determination of the claim for overtime allowances is that the Plaintiff cannot set up a job every day due to the characteristics of the tourist information center’s work.

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