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(영문) 부산지방법원 2016.10.20 2015가합45003
임금
Text

1. The defendant on August 11, 2015 to the plaintiffs as stated in the separate sheet No. 1 "amount of personal seal" and each of the above amounts.

Reasons

1. Basic facts

A. The defendant is a company that operates a harbor transport business and a harbor transport-related business, and the plaintiffs as the defendant's workers, as the plaintiff A and B, are the annual salary system workers, and the rest of the plaintiffs are the salary system workers.

B. From 2012 to 2015, the Defendant concluded a collective agreement (hereinafter “instant collective agreement”) with the National Public Transport and Social Services Workers’ Union Branch of Busan (hereinafter “instant Trade Union”) with the Defendant’s employees, including the Plaintiffs.

C. The collective agreement of this case provides that the ordinary wage of the union members of this case shall be the sum of basic pay and position allowance (technology allowance). As from April 1 of the pertinent year of the conclusion of the collective agreement, there was retroactive determination on wage items, such as basic pay or position allowance.

The Defendant calculated the total amount of basic pay and position allowances to the Plaintiffs as ordinary wages, but paid legal allowances from June 2012 to July 2015, without reflecting them as ordinary wages (hereinafter “instant salary item”) and without reflecting them as ordinary wages, (i) bonus (s) bonus, (ii) ability and performance rate (annual salary system workers), (iii) traffic subsidy, (iv) low-level leave expenses, (v) Kim Jong-gu subsidy, (v) early leave expenses, (v) early leave expenses, and (v) class-day allowances (hereinafter “instant salary item”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 8 (including paper numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. Although the Defendant asserted that the instant wage items should be included in ordinary wages, the ordinary wage is calculated without excluding them. Although the Plaintiffs paid additional wages equivalent to 100% of the ordinary wage for overtime work offered on holidays, 50% of them did not add thereto. The amount of basic salary or position allowance for the pertinent year under the instant collective agreement is below the retroactive figure of the wage under the instant collective agreement.

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