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(영문) 대전고등법원(청주) 2013.02.05 2012나1178
임금
Text

1.The judgment of the first instance shall be modified as follows:

The Defendant refers to the “personal amount” in the attached Table 1 list to the Plaintiffs.

Reasons

1. Basic facts

A. The parties concerned are companies running urban bus passenger transport business, etc., and the plaintiffs are those who were or were currently serving as drivers after being employed by the defendant, and are members of the National Public Transport and Social Services Workers' Democratic bus sub-chapters (the bus sub-chapters of the former National Transport and Industry Workers' Union, the bus sub-chapters of the former National Transport and Industry Workers' Union; hereinafter referred to as "short-sea bus sub-chapters").

B. The contents of a collective agreement and wage agreement are determined by a collective agreement and wage agreement concluded between the Defendant and the short-term bus union. The main contents of a collective agreement and wage agreement from 2008 to 2010 are as follows.

1) Work hours and work system ① Work hours are 13 hours a day. The basic work hours during a day are 8 hours a day, and the extended work hours are 5 hours a day (payment of 150% basic pay per hour) and the night work hours are 5 hours a month (payment of 200% basic pay per hour). ② The full-time work hours per month are 20 days (20 days a month, 19 days a month, 20 days a month). The wages of a driver of the wage system shall be calculated on a monthly basis, and the basic pay for a day shall be calculated on a monthly basis as determined in the wage agreement, and the monthly basic pay shall be calculated on a yearly basis, and the above regular pay shall be calculated on a monthly basis as determined in the wage agreement, and from July 1, 2008, the wage rate as determined in the wage agreement shall be as follows:

① Work allowances from July 1, 2008 to December 31, 2008: 3,770 won (2) from January 1, 2009 to December 31, 2009: 4,000 won (3: 4,200 won to December 31, 2010: 4,200 won) overtime work allowances x 150% overtime work hours x (2) night work hours x 50% x (1 hour x c) night work allowances x 1 hour x 30% x 1 hour of work x : 8,50 won (work hours) from January 1, 2008 to December 31, 2009 to December 31, 2009; 2. 1,000 won (one day after January 1, 201 to 31, 2009).

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