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(영문) 인천지방법원 2019.03.13 2013가단87450
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a legal entity established for the purpose of passenger transport business (in the city and in the city bus) in Incheon City. On January 23, 2011, the Plaintiff was employed by the Defendant company as a Class 2 employee and operated the bus bus.

Article 15 (Reward)(1) of the collective agreement in 201, a company shall pay 600% per annum to class-I workers working in office in 12 installments a year.

Provided, That it shall be paid to members who have worked for at least one day a month.

Article 6 (Reward)(1) of the Wage Agreement, 201, a company shall pay a bonus of 600% (60% (6,150,845 won, 5,947,50 won) per annum to a first-class worker from among drivers working for a company, divided into 12 times each month.

Provided, That only those who have worked for at least one day a month shall be paid.

B. The wages that the Defendant pays to the Plaintiff are determined in accordance with the collective agreement in 2011 and the wage agreement in 2011.

Among them, the parts relating to the instant case are as follows:

C. The Plaintiff did not receive bonuses, which provide that only class 1 workers shall be paid in the aforesaid collective agreement or wage agreement, as the Plaintiff continued to maintain class 2 workers after his/her membership until August 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Eul evidence 5-1, the purport of whole pleadings

2. Assertion and determination

A. 1) The Plaintiff did not receive bonuses despite having performed the same work as other employees of the Defendant Company. This is the Equal Employment Opportunity and Work-Family Balance Assistance Act (hereinafter “Equal Employment Opportunity Act”).

(1) Article 8 of the Act on the Protection, etc. of Fixed-Term and Part-Time Workers (hereinafter “ Fixed-Term Act”) violates the principle of equal wage payment for the same-value work, as prescribed in Article 8.

(A) is in violation of Article 8, and is also in violation of the principle of equality under the Constitution or the principle of equal treatment under Article 6 of the Labor Standards Act, and is in violation of the International Covenant on Economic, Social and Cultural Rights (A.

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