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(영문) 서울북부지방법원 2017.05.24 2016나36940
임금
Text

1. Of the judgment of the first instance, the part against the defendant against the plaintiff A is revoked, and the part against the revocation is revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following modifications or the determination of a new argument in this court under paragraph (2). Thus, this is accepted by the main sentence of Article 420

Parts 1 to 12, 10, 100 shall be amended as follows:

E. 1) Compared to the statutory minimum wage, the contractual work hours that serve as the basis for calculating the contractual work hours for calculating the minimum wage amount include “day-time” which an employer ought to recognize as a paid holiday per day per week under the Labor Standards Act, or include “day-time hours” as the contractual work hours. In full view of the relevant statutes and the following circumstances, it is difficult to deem that the contractual work hours include a day-time hours. Therefore, when the Defendant converted the basic wage, continuous work allowances, and bonus paid to the Plaintiffs on a monthly basis into the daily wage per hour, the contractual work hours should be calculated based on the hours excluding day-time hours from the monthly work hours. A) The term “day-time work hours” means the work hours determined between the employee and the employer within the scope of the contractual work hours under Article 50 and Article 69 of the Labor Standards Act or Article 46 of the Industrial Safety and Health Act (Article 2(

Article 6(2)3 and 4 of the Enforcement Decree of the Labor Standards Act regarding the method of calculating the “ordinary wage” as hourly wage, stipulating that the amount of wages determined as a weekly wage is the amount calculated by dividing that amount by the standard number of hours for calculating the ordinary wage of the week (the hours calculated by aggregating the weekly ordinary wage and the paid hours in addition to the contractual working hours), and that monthly wage is the amount calculated by dividing that amount by the standard number of hours for calculating the monthly ordinary wage (the hours calculated by dividing that amount by 12 the number of hours calculated by multiplying the standard number of hours for calculating the weekly ordinary wage by the average number of weeks per year).

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