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(영문) 서울고등법원 2018.12.05 2014나20129
임금
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The defendant is a company operating passenger transportation services, etc. 1) The defendant is a company operating passenger transportation services, etc. 2) The plaintiffs, except the plaintiff Z, AA, and NA, who joined the defendant as a bus driver, and the plaintiff E has been working for the defendant until now. The plaintiffs except the plaintiff Z, AA, and E, and NN retired from the defendant on each relevant day stated in the "date of retirement" in the attached Table 1 sheet.

3) NN died on April 24, 2012. The inheritance portion of the Plaintiff, the spouse of the Plaintiff, and the Plaintiff, the Plaintiff, the Plaintiff’s spouse, is 2/3 of the inheritance portion of the Plaintiff’s joint inheritance, and 1/3 of the inheritance portion of the Plaintiff’s joint inheritance. (hereinafter the Plaintiff’s remainder except the Plaintiff’s Z and AA, the Plaintiffs, the Plaintiff’s predecessor, and the AA’s decedent are “Plaintiff’s on-site drivers.”

B) The employment contract is made between the Defendant and the Plaintiff’s driver, and the drivers belonging to the Defendant are divided into class A, B, training engineer, commissioned driving engineer, and the amount of the wage by class is different. Of the employment contract of some drivers, there are cases where the amount of the wage is different from the amount of the wage indicated in the employment contract for the pertinent year adjusted below. This seems to be due to the fact that the wage agreement was enforced on March 1 of each year as if there is a change in the class of the Plaintiff’s driver or any below. In addition, the part related to the Plaintiffs’ claim among the contents of the employment agreement set up by the Defendant’s employment rules and the Defendant’s employment regulations for setting the amount of the wage to be paid to drivers, and the wage adjustment table attached to the wage agreement states the details of the wage, such as the allowance by class paid according to the number of working days of drivers (in relation to the Plaintiff’s claim, there is no collective agreement between the Plaintiff’s driver and the Plaintiff’s employer’s worker is not established.

(b) Employment contract in 2009;

2. Working hours: from the working hours to the other;

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