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Reasons
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(영문) 부산고등법원 2015.11.12 2015나50484
임금
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1. The defendant's appeal is all dismissed.

2. It is added to the trial in accordance with the expansion of the purport of the claim in the trial.

Reasons

1. Basic facts

A. The plaintiffs (except the plaintiffs BY, BZ and litigants) concluded a labor contract with the defendant and belong to the defendant's Ulsan factory, and work until now, and the defendant is a corporation with a factory in the ceiling, Ulsan, etc. for the purpose of manufacturing and selling fertilizers products.

② As an employee of the Defendant, the CA died on September 22, 201 while serving in the Ulsan Factory, and Plaintiff BY inherited wage claims, etc., as the spouse of the CA, Plaintiff BY inherited as an infant of the CA.

③ U also retired on April 30, 2014 while having been on the sick leave as an employee employed by the Defendant, and died on July 29, 2014 while the instant lawsuit was pending, and CB, the litigation-related party, succeeded to U’s spouse, CC, and CD as U’s infant, by inheritance of wage claims, etc. according to his/her share of inheritance.

(b) under the circumstances, CA and U, including CA and U.S. (hereinafter referred to as “Plaintiffs”).

(1) Details related to this case in collective agreements in 2012 concluded between the defendant and his/her employee shall be as follows:

Article 29 of the Collective Agreement concluded between October 26, 2012 (Working Hours and Time to Rest)

1. Work hours shall be forty hours a week for a resident, and the work hours for a resident of the third class work in Article 4 shall be the work hours in accordance with the schedule of work programming, and the calculation of work hours shall be applied based on 186 hours;

2. Residential service and shift service shall be as follows:

08:00 - 17:00 - 07:0 07:0 - 15:00 : 15:00 .. - 23:00 - 23:00 - 07:00 - The company may, if necessary for its business, change or divide its work within the statutory working hours.

(Provided, That if there are not less than five days, it shall be notified in advance to the union and conducted after consultation with the union) Article 31 (Payment Holidays) shall be as follows:

1. A person who has been absent from office for five days a week on Sundays.

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