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(영문) 대구고등법원 2017.08.18 2015나22084
임금등
Text

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

The defendant is a holiday allowance and an allowance in attached Form 5 to the plaintiff K, KL, andN.

Reasons

1. Basic facts

A. The Plaintiffs are street cleaners employed to the Defendant, and they belong to the Daegu Metropolitan City Trade Union of the Korean Federation of Trade Unions (hereinafter “instant Trade Union”).

B. The Defendant entered into a collective agreement in 2007, 2009, 2010, and 2011 (hereinafter collectively referred to as “instant collective agreement,” and “O-year collective agreement,” in the case of specifying the same) with the instant trade union. ② When entering into each of the said collective agreements, the Defendant, in consultation with the instant trade union, formulated the standards for compilation of the budget for personnel expenses for street cleaners in Daegu Metropolitan City and the Gu/Si/Gun, Daegu Metropolitan City in 2007, 2009, 2010, and 2011 ( collectively referred to as “the standards for compilation of the instant budget,” and “the standards for compilation of the annual budget,” in the case of specifying the same).

C. From January 2009 to December 2, 2011, the Defendant paid holiday work allowance, annual leave work allowance, overtime work allowance, etc. to the street cleaners belonging to the Defendant (including the Plaintiffs) calculated as set forth in the instant collective agreement and the instant budget compilation standards, and the specific payment details are as follows.

1) From January 1, 2009 to September 2009, allowances were paid according to ordinary wages calculated on the basis of basic salary, special work allowances, work encouragement allowances, and household support expenses. Continuous service additional charges (as from October 16, 2009 to October 16, 2009), fixed meal allowance, transportation subsidy, sanitation allowance (as from October 16, 2009 to October 16, 2009) (as from October 16, 2009 to 209, day care allowance (as from October 16, 2009 to day), risk allowance (as from October 16, 2009 to day of such calculation of the above ordinary wages), weather allowance, day care allowance, physical training allowance, and holiday allowance were paid from October 2, 209 to September 9, 201 (as calculated on the basis of basic salary, day care allowance, day care allowance, and household allowance, day care allowance, day care allowance from 16th of 2009 to September 201.

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