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(영문) 서울고등법원 2019.01.29 2018나2013354
임금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiffs falling under the following additional payment orders shall be respectively.

Reasons

Basic Facts

The court's explanation on this part is consistent with the reasoning of the judgment of the court of first instance, except for dismissal or deletion as follows. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

The second-party 9 through 11 of the judgment of the court of first instance shall be dismissed as follows, and the third-party 5 through 8 of the judgment of the court of first instance shall be deleted.

A person shall be appointed.

A. The number 1 to 12 Plaintiffs are street cleaners employed by the Defendant, and the number 13 and 14 Plaintiffs worked as road repair and dredging workers as general arms contract workers employed by the Defendant.

【The Plaintiff’s continuous service additional charges, fixed meal charges, transportation subsidies, sanitation allowances, weather allowances, fixed attendance allowances, physical training allowances, and continuous service promotion allowances, work encouragement allowances, fixed meal allowances, transportation subsidies, and bonuses paid to regular and uniform workers, which are paid to the Plaintiff’s claimed street cleaners, constitute ordinary wages. However, the Defendant calculated ordinary wages on a regular, uniform basis, and then constitutes ordinary wages. However, the Defendant calculated ordinary wages on a regular, uniform basis, and extended, night, holiday, weekly leave, and annual allowance (hereinafter “instant statutory allowances”).

Therefore, the Defendant is obligated to pay the Plaintiffs the statutory allowances of this case from July 1, 2012 to December 31, 2015 (from December 17, 2012, in the case of a worker in general arms contract, until December 31, 2015) after including the wages of each of the above items as ordinary wages. Accordingly, the Defendant is obligated to pay the amount calculated by deducting the amount already paid by the Defendant from the amount already paid from the property and the damages for delay (the Plaintiffs claim that the holiday’s holiday’s holiday leave expenses in the trial and the weekly holiday allowance of the worker in general arms contract constitute each ordinary wage in addition to the instant statutory allowances, and that the agreed allowances (the last day allowance, full-time allowance, physical training expenses, and full-time leave expenses) should be re-determined on the basis of ordinary wages, respectively.

The argument on the holiday allowance has been explicitly withdrawn, and the weekly holiday allowance and each of the above.

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