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1. The defendant shall pay to the plaintiffs the amount of money stated in the separate sheet [the amount of claim and the amount of award].
Reasons
1. Basic facts
A. The defendant is a stock company with the purpose of developing and developing power resources and its related business, and the plaintiffs are workers engaged in the defendant's business.
B. The Plaintiffs worked on Saturdays and Sundays for more than 40 hours within a period of one week (seven days in the calendar) between June 201 and December 2014.
(hereinafter referred to as “Plaintiff’s weekend working hours” on Saturdays and Sundays when the Plaintiffs exceed 40 hours within a period of 1 week and 7 days. The Plaintiffs’ weekend working hours are as indicated in the corresponding column of “day-day ( Saturdays) working hours” in the separate sheet prepared by each Plaintiff [the Plaintiff’s details], and among them, the hours worked on Sundays are as listed in the corresponding column of “day-day working hours” in the separate sheet prepared by each Plaintiff.
C. The Defendant paid the Plaintiffs an allowance of 150% of ordinary wages to each of the Plaintiffs on the weekend work hours under the pretext of “Holiday work allowances” by each of the Plaintiffs.
As such, the allowances already paid for the said weekly working hours are as indicated in the “prepaid Labor Allowance” column of the attached Table prepared by each plaintiff. D.
The Plaintiffs filed the instant lawsuit on December 18, 2014, asserting that the Plaintiffs’ weekend work hours constitute overtime work and holiday work and paid 200% of ordinary wages by adding 100% of ordinary wages to the premium rate of 150%. As such, the Plaintiffs received only an allowance equivalent to 150% of ordinary wages, and that the unpaid premium should be paid.
E. Of the Labor Standards Act and the collective agreement and remuneration regulations applicable to the Plaintiffs, the contents related to the instant claim are as follows.
【Working Hours” under Article 50 (Working Hours) (1) of the Labor Standards Act shall not exceed 40 hours a week, excluding recess hours.
(2) Work hours shall not exceed eight hours a day, excluding hours of recess.
Article 55 (Holidays) An employer shall be a worker.