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(영문) 대전지방법원 2014.06.03 2013나19241
임금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The defendant is a corporation that runs transportation business, and the plaintiffs are employees belonging to the defendant.

B. On June 30, 201, the Korea Trade Union concluded a wage agreement between the S Union representing the Defendant and the S Union during the period of application from February 1, 2011 to January 31, 2012. On September 6, 2012, the said wage agreement was renewed, and the period of application was extended by January 31, 2013.

(hereinafter “instant wage agreement”). The main contents of the instant wage agreement are as follows.

Article 1 (Retirement System)

2.It shall be calculated on the basis of the level of actual work performed by each worker, but the hours of work shall be uniformly determined on the basis of the special circumstances of the transport service as follows:

1. Basic working hours per day: 8 hours per day in total: 1 hours per day, but 9 hours per day in overtime work after full attendance; 2) full-time work, Article 2 (Types of Work and Work Hours);

1. The form of work shall, in principle, be a two-way system per day and full-time work shall be conducted concurrently, but only those who wish to obtain an agreement of the worker in the workplace shall be conducted full-time work;

2. The basic working hours shall be forty hours a week;

3. Holidays may be changed depending on the special conditions of urban buses for the public interest;

4. The number of monthly working days shall be 22 full-time days (20 days in February);

An employer shall, when a worker requests two (22 days or more but 2 days) overtime work, assign him/her to work for at least 24 days (22 days in case of February).

If an employer does not provide a worker with two-day overtime work due to a cause attributable to the employer, the company shall pay 24-day wages in the wage agreement including the overtime work day.

6. A payment shall be made in accordance with the wage calculation table when the service exceeds 22 days a month.

Article 6 (Extended, Night and Holiday Work Allowance)

1. For allowances, 50/100 shall be added by applying ordinary wages under Article 5 of the wage agreement, and where workers on the day preceding the morning continue to work until the morning, the number of working days shall be two days;

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