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(영문) 창원지방법원밀양지원 2016.02.05 2014가합726
임금 등
Text

1. The Defendant: (a) each of the 855,860 won to Plaintiff C and D; (b) 105,322 won to Plaintiff E; (c) 993,000 won to Plaintiff I; and (d) 100 won to Plaintiff L.

Reasons

1. Basic facts

A. The Plaintiffs are employed from the Defendant as public service workers (inorganic contract workers) and street cleaners, and have worked in cultural tourism department, water supply and drainage department, city library, sports facility office, environmental center, etc.

B. The Plaintiffs belong to the Democratic Labor Union General Labor Union (hereinafter “instant union”). The instant union concluded a collective agreement or wage agreement with the Defendant on the wages in the year 2011 through 2014 (hereinafter collectively referred to as “instant wage payment standards”) and its main contents are as shown in attached Table 2.

(1) On December 15, 2011, the Agreement on the Wages of Contract Workers in the year 2011 (excluding the Environmental Unified Institute) and the Agreement on the Wages of Street Workers in the year 2012 (2) on July 27, 2012, in lieu of the Agreement on the Wages of Contract Workers (3) as the Agreement on the Wages of Fixed-Term Employment on June 11, 2013, in lieu of (4) the Agreement on the Adjustment of the Regional Labor Relations Commission in the Seoul Regional Labor Relations Commission on May 27, 2014.

C. The Defendant paid a fixed amount of allowance (family allowance, special duty allowance, job encouragement allowance, risk allowance, safety management allowance, team leader’s allowance), welfare expenses (fixed amount of meal service, household subsidy, traffic subsidy, holiday work allowance, holiday work allowance, holiday work allowance, and annual paid leave allowance) calculated as set forth in the instant wage payment standard, and the Defendant paid a overtime work allowance (overtime work allowance, night work allowance, holiday work allowance, and annual paid leave allowance). From October 201 to September 2014, the details of the payment are as specified in attached Table 1.

The Defendant included only basic pay, special duty allowance, vocational encouragement allowance, household subsidy, fixed meal allowance, traffic subsidy, safety management allowance, safety management allowance, team leader allowance, and dangerous allowance as the ordinary wage that serves as the basis for calculating excess service allowance in accordance with the instant wage payment standard.

(However, among them, safety management allowances, team leader allowances, and risk allowances were included in ordinary wages from July 1, 2012). [The grounds for recognition] fact that there is no dispute, Gap evidence 1, 2, and Eul evidence 1 to 1.

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