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(영문) 대구지방법원 2012.01.27 2011가합1129
임금등
Text

1.(a)

Defendant Daegu Metropolitan City, the annexed list of plaintiffs

1. to 1.

8. Each plaintiff mentioned in attached Form 1 shall be listed in attached Table 1.

Reasons

1. Basic facts

A. The Plaintiffs, as street cleaners (Garo), and Plaintiffs A, B, C, D, E, F, G, and H are employees of the Environmental Trade Union in Daegu Metropolitan City (hereinafter “instant trade union”) under the Korea Labor Union Federation under the Korea Labor Union Federation, and Plaintiff I and J were employed in the North-gu, Daegu Metropolitan City, and Plaintiff K, K, L, M, N,O, P, P, Q, Q, R, T, T, U, and V were employed in the North-gu, Daegu Metropolitan City, and retired on December 31, 2010.

B. The instant trade union and the Defendants to which the Plaintiffs belong concluded a collective agreement in January 5, 2007, but did not conclude the collective agreement in December 31, 2008 by December 31, 2008, and concluded the collective agreement in October 16, 2009 by resumption of negotiations around June 31, 2009. On November 11, 2010, a collective agreement in 2009 (including both the collective agreement and each of the said collective agreements) concluded a collective agreement in November 2010 (hereinafter referred to as “each of the instant collective agreements”). According to Article 21 of the said collective agreement, wages, etc. are required to be paid in accordance with the “Standards for Compilation of Personnel Expenses for the Daegu Metropolitan City Street Workers.”

C. The Ministry of the Interior and Safety (the former Ministry of Government Administration and Home Affairs) prepared reference materials for the compilation of the budget for street cleaners personnel expenses as one of the basic guidelines for the compilation of the local government’s budget, and issued them to each local government including the Defendants. Based on this, the Defendants concluded each of the instant collective agreements with the instant union in consultation with the said union, each of which was formulated for the year 2007, from January 2008 to September 2009, from January 2009, from July 2009, and each of the Daegu Metropolitan City and Gu-gun District street cleaners in 209 and 2010 (hereinafter “basic guidelines

From April 2008 to December 2012, 2010, the Defendants calculated and paid various allowances to the Plaintiffs based on ordinary wages calculated as set forth in each of the instant collective agreements and budget compilation standards, and the Defendants specifically stated “attached Table 4.”

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