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(영문) 광주고등법원 2016.11.04 2014나14299
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs who are ordered to pay additional amounts below.

Reasons

1. Basic facts

A. The Defendant is a social welfare foundation that establishes and operates light village (hereinafter “instant medical care center”) which causes specialized elderly medical care, and the Plaintiffs are the caregivers who worked at the instant medical care center.

B. The Plaintiffs worked for 8 hours from 09:00 to 18:00 for day duty (excluding day duty hours) and worked for 12 hours from 18:00 to 09:00 of the following day (excluding day duty hours, from 3:00 to 22:00 of the following day, or from 02:00 to 05:00 of the following day).

The main contents of the employment contract that the defendant concluded with the plaintiffs are as follows.

Article 3 (Remuneration) (1) In principle, A shall be the comprehensive wage to B, and it shall be paid on the 25th of each month in accordance with the light village repair payment regulations.

(2) The wages referred to in paragraph (1) shall be the amount calculated on the total working hours including statutory working hours and overtime working hours, including the amount of basic pay, food allowance, transportation expenses, bonuses, and all other allowances under the Labor Standards Act.

Article 5 (Time of Work) ① In the case of a general worker in accordance with a personnel order, B shall, in principle, work on holidays pursuant to the work schedule from Triday to Triday 09:00 to Triday 18:00 (excluding recess hours). In the case of a shift worker, the day work hours are the same according to the work schedule, and the night work hours shall be from 18:00 to 09:00 (excluding recess hours), but in the nature of the operation of the facility, B agrees to work for more than eight hours a day.

In 2010: Basic pay, transportation meal service cost, bonus, long-term continuous service allowance, household allowance, major holiday allowance (no details are paid), special allowance, qualification certificate allowance, other allowance, overtime allowance, and overtime allowance 201: Modification of the items of basic pay, various allowances, long-term service bonus, long-term service allowance, household allowance, and household allowance to be changed to the allowances, transportation meal service cost, special allowance, qualification certificate allowance, overtime work allowance, from January 201 to March 2012: the items of allowances newly established in 2011 of basic pay.

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