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(영문) 인천지방법원 2017.11.30 2016가합59071
임금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a company running urban bus transportation business in Incheon Metropolitan City, and the plaintiffs are the bus drivers belonging to the defendant.

In the Defendant Company, A branch, a chapter of B trade union, and A branch, a chapter of B trade union, exist as a trade union. On May 24, 2011, the said sub-branch was dissolved ex officio on February 13, 2012 by a resolution to change the structural form into a unit trade union’s umbrella organization under unit trade union.

D. The contents related to this case among the collective agreements concluded on June 29, 2011 between D and C Trade Union (hereinafter “instant collective agreements”) are as follows:

Article 5 [Working Hours] (1) Work hours shall be 40 hours a week in principle, and may be extended up to 52 hours a week.

Article 6 [Work System] (1) The work system is based on 8 hours a day as a two-time system per day.

(3) The number of days of full-time work each month shall be 22 days (20 days in February), and when full-time work is performed, various allowances shall be paid.

If the working day exceeds 22 days (20 days in February) in the relevant month, the legal holiday work allowance shall be paid in addition to the legal holiday work allowance.

Article 8 [Compensatory Holidays] (1) The Company shall grant members each one day paid holiday falling under any of the following subparagraphs:

1. New Year’s Day;

2. Section 1:

3. Sections 5 and 1;

4. Constitutional amendment;

5. Mining uniform. (2) The paid holiday allowance as referred to in paragraph (1) shall be paid 100/100 of the ordinary wage, and for those who have worked on the said day, the paid holiday allowance shall be paid in addition to the paid holiday allowance, as well as the ordinary wage, 100/100 of the paid holiday work wage, and the paid holiday work allowance of 50/100 of the ordinary wage.

(3) If paid holidays overlap, only one day’s paid holiday shall be recognized.

§ 15 [Reward] ① The Company shall pay 600% per annum to class-I workers working in office in 60% per annum by dividing them into 12 times a year.

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

(2) In principle, the period of leave of absence shall be treated as unpaid.

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