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(영문) 광주지방법원 2018.05.17 2017나62920
임금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The court's explanation on this part of the basic facts is as stated in Paragraph 1 of the reasoning of the judgment of the first instance, except for the addition of the following matters after two pages 14 of the judgment of the first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The minimum wage per legal hour between January 1, 2014 and December 31, 2014 (won 1,088,890 per month) 5,210 won on January 1, 2015 to December 31, 2015 ( KRW 1,088,890) 3,580 won on December 31, 2015 to December 31, 2015 ( KRW 1,66,20 on January 1, 2016 to December 31, 2016 ( KRW 1,260,270 on December 1, 201) and KRW 30 on December 31, 2016 ( KRW 1,260,270 on December 31, 2014) “No dispute over the purport of entering the minimum wage per hour under the Minimum Wage Act as the whole evidence and evidence set forth in subparagraphs 1 through 7 of subparagraphs 31 through :

2. The parties' assertion

A. The Defendant recovered KRW 4,809,350, which was paid to the Plaintiff during the three-month disciplinary period from December 1, 2014 to February 28, 2015 in accordance with the management regulations (hereinafter referred to as “instant regulations”), including inorganic contract workers and fixed-term workers, in Gwangju Metropolitan City, and did not pay the Plaintiff wages during the three-month disciplinary period from September 26, 2016 to December 25, 2016.

However, Article 7(3)4 of the collective agreement concluded between the defendant and the local government labor union in Gwangju Metropolitan City (hereinafter referred to as the "trade union in this case") provides that the statutory minimum wage shall be paid during the period of suspension from office. Since the collective agreement in this case has a general binding force pursuant to Article 35 of the Trade Union and Labor Relations Adjustment Act (hereinafter referred to as the "Trade Union Act"), it is unlawful for the defendant to recover wages paid during the period of suspension from office and pay wages.

Therefore, the Defendant paid the Plaintiff the statutory minimum wage during the period of suspension from office pursuant to the instant collective agreement, and thus recovered from the Plaintiff.

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