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(영문) 대법원 2020.01.16 2014다41520
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

1. Judgment on the grounds of appeal by Plaintiffs B, C, D, E, F, G, H, I, K, L, M,O, and P

A. The issue of whether a holiday is determined shall be determined by comprehensively taking into account the language and text of the provisions related to holidays in a collective agreement or employment rules, as well as the background leading up to such provisions, the regulatory system and practices regarding working hours in the same industry as the relevant workplace, the name and amount of wages actually paid, the method of calculating the amount of payment, etc., as well as the weekly paid holiday work under Article 55 of the former Labor Standards Act (see, e.g., Supreme Court Decision 90Da14089, May 14, 1991).

(Supreme Court Decision 2016Da9704, 2016Da9711 Decided August 14, 2019). (B)

The judgment below

The reasons and records reveal the following facts.

1) The wage agreement entered into on June 30, 201 between the RA and the SAA representing the Defendant (hereinafter “instant wage agreement”) (hereinafter “instant wage agreement”).

Article 2(4) of the Labor Standards Act provides, “The number of working days per month shall be 22 days (20 days in February).” Article 6(1) of the same Act provides, “The number of working days per month shall be 22 days (20 days in February). If a worker continues to work on the preceding day by applying Article 5 of the Wage Agreement by applying ordinary wages, and the number of working days shall be calculated as 2 days, and if the number of working days per month exceeds 22 days, the number of working days shall be calculated as 2 days, and if the number of working days per month exceeds 22 days, the wage calculation table attached to the wage agreement of this case (hereinafter “the wage calculation table of this case”).”

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