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(영문) 전주지방법원 2017.11.21 2014가단43993
임금
Text

1. The defendant shall pay the plaintiff (appointed party) and the appointed party the amount payable by each plaintiff of the list of total claims No. 5.

Reasons

1. Basic facts

A. The Defendant, as a party, was entrusted by the Korea Highway Corporation with the duty of safety patrol of the branch office of the Korea Expressway Corporation, is a company that performed the said duty from March 2012, and the Plaintiff (hereinafter “party to appointment”) and the designated parties were employed by the Defendant and performed the duty of safety patrol on the expressway.

B. From around 2007, the Korea Highway Corporation began to perform the external inspection of the expressway safety patrol duty. In fact, the Korea Expressway Corporation has entered into a delegation contract with a business entity established by a person who is obligated to retire under his/her control. The delegated business entity requested progress payment, including the wages of its employees, to the Korea Expressway Corporation according to the annual calculation sheet prepared by the Korea Expressway Corporation, and received management and supervision of the Korea Expressway Corporation as to whether it is appropriate after receiving payment. 2) A person who is the representative director of the Defendant, holds office as Vice Minister of Justice of the Korea Expressway Corporation.

On February 2012, the defendant was established to conclude a contract with the Korea Highway Corporation for the patrol of C branch offices to conclude a contract for the patrol of C branch offices.

As in other outsourcing companies, the Defendant received wages from the Korea Highway Corporation from the Plaintiff and the designated parties in accordance with the Korea Highway Corporation’s “Calculation Statement” prepared by the Defendant, and accordingly, the wages that the Plaintiff and the designated parties received from the Defendant are indicated as the basic salary of the relevant month and the bonus site allowance (risk allowance) cost and transportation cost of the relevant month.

3. The defendant calculates the ordinary wage solely with the basic wage, and on the basis of the above-mentioned ordinary wage calculated for the plaintiff and the selected parties, the "Extended Work Allowance" column in the calculation of the unpaid statutory allowance in attached Form 2 is stated as the "previous Work Allowance", and the relevant monthly overtime allowance.

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