1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Defendant is a company running passenger vehicle transportation business, and the Plaintiff is a driver employed by the Defendant on July 24, 2012 and engaged in bus driving by January 29, 2015.

B. Article 46 of the collective agreement concluded between the Defendant and his/her affiliated trade union provides that the criteria for the payment of wage increase, etc. shall be governed by a separate wage agreement, and the details related to annual leave allowances among the details of the wage agreement applied to the Plaintiff from July 24, 2012 to January 29, 2015 are as follows.

1) The term of validity of the wage agreement in 2013 (A): Annual leave allowances (one to two years for a calendar year) from July 1, 2013 to June 30, 2014: 5,786 won for a basic pay x 8 hours x 15 days = 694,320 won 2) x (a) the term of validity of the wage agreement in 2014 x 6,110 won for a basic pay (no details concerning annual leave allowances) from July 1, 2014 to June 30, 2015:

C. The Defendant calculated the basic salary as annual leave allowances at KRW 5,786, and paid KRW 453,840 on July 30, 2013, KRW 240,480 on July 30, 2014, and KRW 694,320 on August 16, 2014, and KRW 1,38,640 on the aggregate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s annual leave allowance shall be calculated on the basis of the ordinary wage of the month for which the right to claim the final leave exists. The Defendant calculated annual leave allowance based on the amount of KRW 8,496, and KRW 8,761, which included the weekly leave allowance and bonus under Article 55 of the Labor Standards Act, and KRW 682,200, which is the difference to the Plaintiff, even though the Si’s ordinary wage of July 2014, which included the weekly leave allowance and bonus under Article 55 of the Labor Standards Act, was 8,761.

B. If the money and valuables paid to workers for one week’s paid leave allowance or the total amount of labor, which are regularly and uniformly paid, in principle, wages that belong to ordinary wages shall be deemed as wages, but the legislative intent of the Labor Standards Act shall be the same.