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(영문) 서울중앙지방법원 2018.02.20 2013가합558286
임금
Text

1. The Defendant stated the Plaintiffs’ “list of the total amount of personal use” in the attached Form “list of the total amount of personal use” and related thereto.

Reasons

1. Basic facts

A. The Plaintiffs are currently appointed as an assistant supervisor or road repair personnel of the Dosan Regional Land Management Office under the Ministry of Land, Transport and Maritime Affairs, which belongs to the Defendant.

B. The Defendant has paid the Plaintiffs a certain amount of basic monthly wage, risk allowances, job class allowances, fixed meal expenses, transport subsidies, and a certain amount of annual holiday leave expenses according to the “Road Management Regulations for Road Management Contract Workers” (Ordinance of the Ministry of Land, Transport and Maritime Affairs) and “Budget Execution Guidelines for Ordinary Project Expenses” as stipulated by the Ministry of Land, Transport and Maritime Affairs.

C. The Defendant paid overtime work allowances, night work allowances, holiday work allowances, and annual leave allowances to the Plaintiffs on the basis of ordinary wages calculated only based on the basic salary, risk allowances, and job class allowances, excluding fixed meal expenses, transportation subsidies, and holiday leave allowances among the above salary details.

The provisions relating to the payment of wages to the plaintiffs are as follows:

The purpose of Article 1 (Purpose) of the Ministry of Land, Transport and Maritime Affairs Directive No. 528 is to prescribe matters necessary for the duties, employment, personnel management, remuneration, service, etc. of workers on a road management arms contract (road repair staff, over-road patrol staff, etc.) under Articles 39, 59, and 63 of the Road Act (hereinafter referred to as the "Act") and Article 11 of the Regulations on the Maintenance, Repair, etc. of Road under the provisions of Article 39, 59, and 63 of the Road Act and Article 11 of the Regulations on the Maintenance, Repair, etc. of Road.

Article 2 (Definition of Terms) The definitions of terms used in these Rules shall be as follows:

2. The term "road management weapons contractor" means a person who is not a public official under the State Public Officials Act, and works for an affiliated agency after concluding a labor contract without a fixed period of time pursuant to Article 3 of the Regulations on the Management, etc. of Non-regular Workers in Public Agencies (hereinafter referred to as "contract worker");

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