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(영문) 서울중앙지방법원 2016.06.23 2012가합88902
연장근로수당 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

(b) the facts of the basis;

A. The defendant is a company engaged in the construction, remodeling, repair, dismantling, and distribution of a ship. The plaintiffs are employees who work or retired while serving as the employees belonging to the defendant.

B. Main contents of collective agreements, rules of employment, etc. applicable to the Plaintiffs are as follows.

*Article 34(2) of the collective agreement provides that the basic working hours shall be eight hours per day and forty hours per week, and that the working hours exceeding the basic working hours shall be treated as overtime work; Provided, That Saturdays shall be on Saturday and shall be paid eight hours per week. Article 38(Extended Work and Holiday Work) (Article 38(Extended Work) provides that overtime work allowances shall be paid 50% of ordinary wages, and 100% of ordinary wages shall be paid, and overtime work allowances shall be paid more than 10% of ordinary wages, and night work allowances (22:00 to 06.00) shall be paid separately.

Article 40 (Compensatory Holidays) The Company shall be a paid holiday on any of the following days:

1. Weekly holiday: Wages of members under Article 48 (Labor Composition) for a full-time worker per week shall consist of:

1. Basic pay:

2. An overtime work or night work allowance;

3. Bonuses; and

4. Allowances; and

5. Other companies referred to in Article 52 shall pay to members the following bonuses:

1. Bonuses shall be paid annual 800% as ordinary wages.

2.The timing of payment shall be 100 per cent, respectively, on the last day of December, 2, 4, 6, 8, 10, and 100 per cent, respectively.

* Benefit Regulations

3. Monthly wage rate: The wage system that pays a base wage on the basis of eight hours a day and twenty-three hours a day and the monthly contractual work hours, and pays a statutory allowance in cases where the amount exceeds eight hours a day;

Provided, That the number of cases of non-determination, unauthorized early retirement, absence of workplace, etc. shall be treated as unpaid at least 243 hours.

3.7 bonus, etc.: bonus and money and valuables paid by a company to its employees for the purpose of bonus and performance distribution, etc. in addition to monthly salary;

5...

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