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(영문) 대전고등법원 2015.10.15 2012나6682
임금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant (attached Form 1) to the plaintiffs "the amount of claim".

Reasons

1. Night work: 15.07 hours: 8. Work hours per day (2.98 hours per day x additional rate of 150%) (1.3 hours per day x 200%) - From January 201 to April 201 ( wage agreement for 2010, 201): 8 hours per day 14.25 hours and 150 x (2.7 hours per day x 150%) (Additional rate of 2.1 hours per day x 200 x 4. 5 hours per day) 】 average number of weekly working hours for calculation of ordinary wages x 3. 5 hours per day x 4. 5 hours per day x 1. 5 hours per day x 3. 7 hours per day per day) 】 average number of weekly working hours per day per day 】 3. 5 hours per day per day per day per day 】 15 months or less per day per day per day per day, 2008 hours per day per day per day;

However, when calculating the number of the total working hours in order to calculate the ordinary rate in accordance with the minimum standard of the Labor Standards Act, it is reasonable to reflect only the working hours per week as “wages for the basic working hours per week ( April 3)” under the Labor Standards Act rather than the minimum standard of the Labor Standards Act, i.e., wages for the basic working hours per week ( April 3), which reflects an agreed premium rate between labor and management and the number of weekly holidays as above.

- The average monthly working hours of 173.80 hours from February 2010 to January 2011 (the Wage Agreement of 2010, 201): 343.98 hours on average monthly working hours of 173.80 hours (40 hours per week basic work 】 365 days ± 12 months ± 7 days) average overtime work of 87.99 hours [365 days per week overtime work 13.5 hours (2.7 hours x 5 days) ± 365 days ± 12 months ± 7 days x 150 percent x 150 percent 】 average night work 47.79 hours per month [1 week night work ? 5 days 】 365 days 】 365 days.

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