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(영문) 창원지방법원진주지원 2019.02.15 2015가단6155
임금
Text

1. On January 2015, 2015, the Defendant’s each of the corresponding amounts and each of the above amounts stated in attached Form 1.

Reasons

1. Basic facts

A. The plaintiffs A, B, C, D, E, F, G, H, K, K, L, M, and N are street cleanerss, the plaintiffs, O, P, Q, R, S, T, and U are employed and engaged in their respective sports support and duties.

B. The Plaintiffs belong to V. (hereinafter “instant union”) and the part relating to the instant case in the collective agreements and wage agreements of the year 201 through 2013 that the Defendant entered into with the instant union is as shown in attached Form 2.

(hereinafter referred to as the “instant wage payment criteria”) in total.

The Defendant paid the Plaintiffs basic pay, (i) bonus (finite allowance, fixed-term allowance, and physical fitness allowance), (iii) fixed-amount allowance (family allowance, special duties allowance, work encouragement allowance, risk allowance), and (iv) welfare expenses (fixed-amount meal allowance, household subsidy, transportation subsidy, and long-term leave allowance) calculated as set out in the instant wage payment standard.

On the other hand, as set forth in the wage payment standard of this case, the Defendant calculated only basic pay, special duty allowance, work encouragement allowance, household subsidy, fixed meal allowance, transportation subsidy, and dangerous allowance as ordinary wage for street cleanerss, and calculated only basic pay, fixed meal allowance, and transportation subsidy as ordinary wage for other types of work than street cleanerss (hereinafter “existing ordinary wage”). Based on this, the Defendant paid the Plaintiffs the overtime work allowance, night work allowance, holiday work allowance, and annual paid leave allowance, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Confirmation of ordinary wages which are the basis for calculation of statutory allowances;

A. Among the wages paid to the plaintiffs by the defendant to the plaintiffs, the major holiday bonus, weather allowance, good attendance allowance, and physical training allowance constitute ordinary wages under the Labor Standards Act, and thus, this case’s wage is excluded from ordinary wages.

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