logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2015.06.11 2014나22355
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under paragraph 2 below shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. The summary of the plaintiffs' assertion 1) The defendant calculated the plaintiffs' statutory allowances based only on the basic hourly wage, excluding the expenses for the work on board and the daily expenses of this case. However, since the expenses for the work on board and the daily expenses are included in ordinary wages, the defendant is obligated to pay the plaintiffs the allowances paid by re-determination of statutory allowances based on ordinary wages calculated therefrom. 2) In the case of the bus drivers of agricultural and fishing villages belonging to the defendant, the actual work hours are 13 hours and 19 minutes a day average. Despite the average 13 hours and 31 minutes a day average, the defendant uniformly recognized the basic work hours of the plaintiffs who operated the bus on board and the bus on board, and paid only the corresponding wages by recognizing them as the basic work hours of 8 hours a day and 2 hours a day (the hours a day is recognized

Therefore, the defendant is obliged to pay additional overtime allowance payable to the plaintiffs on the basis of actual working hours of agricultural and fishing villages buses and cross-country bus drivers.

B. The summary of the Defendant’s assertion 1) The instant cost on board is determined depending on whether the amount of payment is different depending on the bus’s service route and whether the driver was on the same day, and thus, cannot be deemed as wages paid periodically and uniformly. The instant cost merely constitutes the amount of money paid periodically and uniformly for welfare expenses, including meals, and for personal compensation for the relevant driver due to the installation of CCTV inside a vehicle, and as such, the said cost on board and daily expenses are not included in ordinary wages. 2) In the case of the Defendant on board bus drivers of agricultural and fishing villages, the operating hours vary depending on the transport conditions.

arrow