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(영문) 부산고등법원 (창원) 2018.10.18 2016나20889
임금 등
Text

1. Of the judgment of the court of first instance, part of the judgment for plaintiffs C, D, E, I, T, H, AI, AO, Q, and AW is expanded and reduced by this court.

Reasons

1. Basic facts

A. The Plaintiffs are employed from the Defendant as an employee on an official duty (inorganic contract duty) and attached Form

2. The term “occupational category” in the claim amount list means persons who work or worked in the occupational categories, such as water supply and drainage inspection, road repairs, and environmental beauty, as indicated in the claim amount list.

(Plaintiff A and AF retired on June 30, 2014, and Plaintiff AB retired on July 31, 2014). (B)

The Plaintiffs belonged to the Democratic Labor Union General Workers’ Union (hereinafter referred to as the “instant Union”), and with respect to the wages in the year 201 through 2014, the instant Union entered into a collective agreement or wage agreement with the Defendant as follows:

(The following wage-related provisions are collectively referred to as “the instant wage payment standard”. On December 15, 2011, the inorganic Contract Workers’ Wage Agreement (excluding the Environmental Unified Workers’ Wage Convention) signed in December 2011, and on July 27, 2012, the inorganic Contract Worker’s Wage Agreement signed in July 27, 2012, in lieu of the inorganic Contract Worker’s Wage Agreement signed on June 11, 2013, a letter of mediation agreement signed by the Busan Regional Labor Relations Commission on May 27, 2014.

C. The Defendant paid the basic salary, ② bonus (the end-time allowance, the physical training allowance, and the fixed-time allowance), ③ fixed-amount allowance (family allowance, special duty promotion allowance, work encouragement allowance, safety management allowance, team leader’s allowance, risk allowance), ④ welfare expenses (the fixed-amount meal allowance, household subsidy, traffic subsidy, and holiday allowance), ⑤ overtime work allowance (the overtime work allowance, night work allowance, holiday work allowance, and annual paid leave allowance) calculated as set out in the instant wage payment standard.

The Defendant included only basic pay, special duty allowance, work encouragement allowance, household subsidy, fixed meal allowance, transportation subsidy, safety management allowance, safety management allowance, team leader allowance, and dangerous allowance as the ordinary wage that serves as the basis for the calculation of excess service allowance according to the instant wage payment standard.

However, safety management allowances, team leader allowances, and risk allowances were included in ordinary wages from July 1, 2012.

On July 1, 2012, based on the "day of provision of labor" which is the object of wage calculation, and on the payment date of wages, it shall be based.

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