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(영문) 수원지방법원 2017.01.13 2015가합63667
임금
Text

1. The defendant list 4'1. A total sum of unpaid allowances to the plaintiff (designated parties) and the appointed parties.

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) concluded a labor contract with the Plaintiff (Appointed Party) and the designated parties (hereinafter referred to as the “Plaintiff, etc.”) and worked as the employees of B.

B. From March 2012, B entered into an annual salary contract with its employees including the Plaintiff, etc. on a one-year basis, and paid the annual salary calculated by adding the basic salary and a certain amount’s “overtime allowances” to the annual salary. The specific content is as follows.

The amount of annual salary is the amount that includes a basic salary and an overtime allowance, from a monthly working day to a daily working day (09:00 to a 18.000), twice a week on holidays ( Saturdays/ Sundays), the number of workers’ day and recess hours (13:0 to a4.00) - The amount of annual salary is an amount that includes a basic salary and an “overtime allowance”.

- Under the premise that one-day overtime work and one-time holiday work per month on an average of 1 hours and 8-day holiday work, when calculating working hours in which the premium rate under the Labor Standards Act reflects the monthly premium rate for 42 hours and 8 hours per month in consideration of the premium rate, the monthly overtime work is 4.58 hours (one-day overtime work x 5 days x 365/7 x 1/12 x 1.5) + (8 hours per month x 5) £«(1.5).

Therefore, it is an erroneous calculation that calculated the monthly overtime working hours in which the premium rate is reflected as 42 hours when entering into a comprehensive wage agreement with the employees belonging to B.

However, the plaintiff et al. claimed legal allowances for the number of overtime hours in accordance with the number of overtime hours actually worked or for more than 42 hours in excess of the monthly overtime hours stipulated in the above labor contract. Therefore, the above erroneous calculation is not a particular problem in this case.

A certain amount calculated by multiplying the hourly ordinary wage (basic pay/hour 209 hours per month) by 42 hours in excess of the monthly working hours shall be paid as an "overtime allowance".

C. B is the Plaintiff as above.

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