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(영문) 대구고등법원 2019.02.20 2018나23279
임금
Text

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

Reasons

1. Basic facts

A. The Plaintiffs are workers who entered into an employment contract with the Defendant and worked or worked as street cleaners.

Plaintiff

T retired on June 11, 2017.

B. Based on the reference materials for the compilation of the budget for personnel expenses of street cleanerss prepared by the Ministry of the Interior and Safety (the name was changed from the Ministry of the Safety and Security to the administrative tea branch on November 19, 2014, as of July 27, 2017), the Defendant paid wages and retirement allowances to the Plaintiffs in accordance with the following standards (hereinafter “instant payment criteria”).

(a) Standard amount of basic pay: 800,000 won per month, but the basic pay for new street cleaners employed after the date of notification of reference materials for this budget compilation shall be 649,000 won per month, and self-determination within the scope of 【10% (584,000-714,000) of basic pay in consideration of intensity of work, workload of work, etc.;

(b) Persons subject to additional charges for continuous service: A person whose continuous service period exceeds one year (class 30): 24,700 won per month for a continuous service year, but more than two years: 24,700 won per month for a continuous service year, but not more than two years: 49,400 won per month for a continuous service year, but not more than three years: 74,100 won for a continuous service year but not more than four years: 98,800 won per month;

(c) A person eligible for overtime allowances: The amount of monthly ordinary wage (basic wage, special duty allowance, and household allowance): x 50% payment method: Monthly ordinary wage x 40% x 4 times (payment twice a year 36912): The amount of monthly ordinary wage x monthly ordinary wage x 100 to 200% payment method: 50% payment method: monthly ordinary wage x less than 50% x twice a year (month 17 months) and less than twice a year shall be paid, but 10% payment shall be made for more than ten years in addition to 5% a year from more than one year and 10% a year thereafter. The amount of monthly ordinary wage x 50% payment method x monthly ordinary wage x 50% per month x 50% (payment on May 10).

(d) A person eligible for a fixed amount allowance: Classification of the types and standards for compilation of street cleanerss.

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