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(영문) 부산고등법원 (창원) 2018.09.20 2016나20858 (1)
임금
Text

1. The judgment of the court of first instance, including the plaintiffs' claims expanded and reduced in this court, shall be modified as follows:

Reasons

Basic Facts

The Plaintiffs were employed from the Defendant as a public service worker (the name was “inorganic contract worker” but was changed to a “public service worker” in accordance with the collective agreement concluded on October 23, 2013) and served as the Defendant’s Road Repair Board, Agricultural Machinery Repair Board, and street cleaners.

The Defendant concluded each collective agreement and each wage agreement with the B trade union to which the Plaintiffs belong (hereinafter “instant trade union”) regarding the wages in the year 201 through 2014, and the main contents are as stated in the attached Form 3.

(1) The Defendant paid basic pay, continuous work payment (in accordance with the wage agreement in 2012, before conversion into a salary system), bonuses, welfare expenses (school meal allowance, regular work allowance, children’s school allowance, family allowance), and other allowances (Ban’s allowance, work encouragement allowance), based on the type of occupation, to the Plaintiffs from July 2011 to July 2014 (hereinafter “period for request of this case”). The Defendant paid basic pay, bonus (age allowance, transportation allowance, long-term work allowance, risk allowance, children’s school allowance, family allowance, work encouragement allowance), fixed-term allowance (family allowance, special work promotion allowance), welfare expenses (child subsidy, school attendance allowance), and other allowances (Ban’s allowance, work encouragement allowance), according to the type of occupation to the workers of street cleaners.

On the other hand, the defendant calculated ordinary wages by reflecting only basic pay, transportation subsidy, meal allowance, dangerous allowance, employment encouragement allowance, fixed meal allowance, household allowance, special service allowance, weekly holiday allowance, paid holiday allowance, and paid holiday allowance, according to the type of occupation. Based on this, the defendant calculated ordinary wages for overtime work, overtime work allowance, night work allowance, and annual paid leave allowance.

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