1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning of this court's explanation for the acceptance of the judgment of the court of first instance is as follows: " August 22, 2008" in Part 7 of the judgment of the court of first instance is as " August 22, 2003" and 2.C.

The part concerning the defendant's argument is identical to the part concerning the reasoning of the judgment of the court of first instance except for each dismissal as set forth in paragraph (2) below, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure

(2) On the premise that the collective agreement in 2008 was retroactively applied at the trial, the Defendant withdrawn the assertion that the rights of Plaintiff G and I under the existing collective agreement would be lost).

A. As to the overtime work allowance in arrears, the Defendant’s assertion ① is difficult to confirm the overtime work hours of street cleanerss, and regardless of actual work hours, the overtime work allowance is paid to the Plaintiffs in the form of a comprehensive wage system. ② 87,486,80 won in the aggregate of the legal allowances in arrears (overtime work, night work, holiday work, and annual leave work) claimed by the Plaintiffs, and the Defendant’s payment of overtime work hours in the form of comprehensive wage regardless of their work hours, should be compared to the amount of KRW 111,384,239 in total, and the amount of KRW 87,486,47,369 in the above legal allowances in arrears as claimed by the Plaintiffs, which is the sum of KRW 61,47,369 won in the above legal allowances in arrears (=87,486,800 won in 61,47,369 won in the above legal allowances in arrears). However, the Defendant’s assertion that the above part should be deducted under the premise that the Plaintiffs’ payment exceeds the above amount of overtime work hours.

(1) The comprehensive wage system refers to a wage contract under which the sum of the overtime work allowances and other allowances is determined as a monthly wage or daily wage, or a certain amount is paid as an allowance, without setting the basic wage.

(2).