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(영문) 창원지방법원 2015.02.05 2011가합11382
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The parties' status and form of work are companies that produce and sell automobiles, their related parts and accessories, and the plaintiffs are workers engaged in automobile manufacturing business at the defendant's Busan Factory.

The defendant's Busan Factory is operated as two classes, and its weekly working hours are from 07:0 to 15:45, and its night working hours are from 15:45 to 00:30 on the following day, and most of the Busan Factory workers, including the plaintiffs, were engaged in circular work, one week, and one week, and one week.

B. From 200 to 2011, the Defendant concluded a collective agreement with the labor union on the premise that the employee representative committee, a representative body of workers, including the Plaintiffs, consisting of the members elected by the employees of the Defendant’ Busan Factory (hereinafter “private subrogation”), signed a collective agreement on the matters of private subrogation, wages, working hours, welfare, etc. on behalf of its employees, under the premise that it is the only negotiating body that negotiates wages, working conditions, etc. on behalf of its employees. On August 21, 2011, the Defendant trade union (hereinafter “trade union”) launched and concluded a collective agreement with the labor union since 2012.

The provisions relevant to this case in a collective agreement from 2008 to 2012 are as follows:

Article 36 Definition and Composition of Wages

1. The term “wages” means all money and valuables paid to members under Article 18 of the Labor Standards Act;

2. The basic pay and allowances shall be paid under the conditions as prescribed by the salary regulations and the allowances regulations;

Article 37 Payment and Method of Wages

1. The company shall pay wages on the 21st day of each month;

Provided, That where 21 days are on holidays, it shall be paid on the preceding day.

Article 38 Scope of Ordinary Wages and Average Wages

1. Ordinary wages and average wages shall be governed by the Labor Standards Act;

2. Items applicable to ordinary wages and average wages shall be governed by a separate agreement;

Article 39. Remuneration of Wages

1.A company and a company's subrogation.

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