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(영문) 광주고등법원 2018.09.21 2017나11970
임금
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

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

Reasons

1. As to this part of the basic facts, the corresponding part of the grounds for the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure

2. Summary of the plaintiffs' assertion

A. The Plaintiffs received wages below the statutory minimum wage from the Defendants, and the scope of wages for the application of the minimum wage that is the object of the calculation of the difference (hereinafter “non-regular wage”) does not include “ weekly holiday allowance and bonus,” and the “ weekly holiday allowance” is a statutory allowance, so the amount calculated in accordance with the Labor Standards Act should be separately paid.

However, in the instant case, the difference in the minimum wage was calculated by including the “daily recess hours” in the first instance court, and the monthly contractual work hours were calculated by calculating the monthly contractual work hours. However, in the trial, the number of the Plaintiffs calculated the monthly contractual work hours except the “daily work hours.”

In this case, the difference between the amount calculated by multiplying the statutory minimum hourly wage and the total sum of the “basic, work on board allowances, and continuous service allowances,” which is the comparative wage, the “minimum amount claimed” is the amount indicated in the “minimum amount claimed.” Since the difference between the weekly holiday allowances and the weekly holiday allowances actually received is the amount indicated in the “request amount weekly holiday allowances” in the instant monetary amount list, the Defendants are liable to pay the Plaintiffs each of the above monetary amount and delay damages.

B. The part of the claim for the difference in overtime work allowances, and the Plaintiffs received night work allowances, holiday work allowances, and paid holiday allowances (hereinafter collectively referred to as “overtime work allowances”), which are below the statutory minimum wage, from the Defendants. The difference between the ordinary wages received by the Plaintiffs is not included in bonuses of ordinary wages which are the basis for calculating the difference, and the ordinary wages received by the Plaintiffs fall short of the statutory minimum wage, and thus, the difference in overtime work allowances in the instant case is the basic wage corresponding to the ordinary wage

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