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1. Revocation of a judgment of the first instance;
2. The defendant (Appointed Party) 670,230 won, 684, 913 won, and 684,913 won to the plaintiff (Appointed Party A).
Reasons
1. Basic facts
A. The Defendant is a corporation with the purpose of passenger transport business, which is a bus company operating agricultural and fishing villages buses, cross-country buses, etc. in the whole area of Gyeongnam Development-gun.
The Plaintiff (Appointed Party (hereinafter referred to as the “Plaintiff”), the designated party B, C, D, E, F, G, and H are those who retired from office as a bus crew member of the Defendant as described in the attached Form No. 1 and “the date of retirement” among the details of the money and valuables in arrears, and the designated party I and the J are those who serve as the bus crew member of the Defendant.
(hereinafter referred to as the “Plaintiff, etc.”) in total. B.
Plaintiff
The number of monthly working days of each month shall be as shown in attached Table 201, 2012, and 2013.
C. In the event that the plaintiff et al. additionally worked for more than 21 days a month, the defendant deemed the whole 10 hours of daily working hours as overtime work, and paid the plaintiff et al., by adding the amount of "city pay x 8 hours x 8 hours) overtime allowance (i.e., daily wage x 2 hours x 150%) x night work allowance (i.e., hourly wage x 1 hours x 50%) / night work allowance x 50%) / the name "day wage x 8 hours x 50% x 50% ."
On August 20, 2014, the Busan Regional Employment and Labor Agency issued to the Plaintiff, etc. with the purport that “The Defendant paid holiday allowances for the remainder of 2 hours from January 201 to December 2013 during the actual working hours of the Plaintiff, etc.” (the Defendant was not paid holiday allowances for the remainder of 10 hours during the actual working hours of the Plaintiff, etc.). The details thereof are as stated in the details of the payment in arrears in attached Form.
E. Meanwhile, wage under the agreement by the Plaintiff, etc. was KRW 1,538,590 in 201, KRW 1,609,590 in 201, KRW 1,677,590 in 2012, KRW 1,677,590 in 201, KRW 5,571.4 in 201, KRW 571.4 in 201, KRW 5,828.5 in 2012, KRW 6,074.7 in 2013, KRW 168 in 203,00 in 276.16 in total for working hours (=21 hours in x 21 hours in x 5 hours in x 1.5 hours in night work) in 276.16 hours in x 278 hours in total (=21 hours in x 1.5 hours in May 21 x 10.5).