logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.29 2017가합13309
임금청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2015, the Defendant is a corporation that is engaged in banking business under the Banking Act following the merger with the Korea Exchange Bank, and the Plaintiffs are employees retired from the Defendant on the relevant date on which the “date of retirement” in the attached Table (Calculation of the amount of statutory allowances) is indicated.

B. The Defendant’s collective agreement and rules of employment pertaining to ordinary wages and overtime work allowances are as follows.

Article 49 (Definition of Wages) (4) of the Collective Agreement means basic pay, job-seeking subsidy, self-driving subsidy (including transport subsidy) and meal expenses.

Article 51 (Agreement on Remuneration) The Convention on Remuneration shall, to the extent that it is not contrary to and inconsistent with this Convention, be established separately between the defendant and its branch offices, and shall have the same effect as this Convention.

Article 54 (Standard Work Hours) The standard Work Hours shall be eight hours a day, forty hours a week, and the base of five days a week.

Article 68 (Definition of Work overtime) The term " overtime work" means any work other than the standard work hours as set out in Article 55 (Standard Work Hours) of the Supplementary Convention, and includes overtime work, night work, and holiday work.

Article 70 (Payment of Overtime Allowances) (2) For overtime work, night work (work between 10:0 p.m. and 6:0 a.m.), or holiday work, an overtime allowance shall be paid in addition to 50/100 of the ordinary wage per hour.

The definitions of terms used in the provisions of Article 3 of the Regulations on Remuneration and Retirement (Definition of Terms) shall be as follows:

1. The term "compensation" means ordinary wages, supplementary benefits, and achievements that are paid annually;

3. The term "ordinary wages" shall be classified into basic wages paid according to classes, careers, etc. and duties, and job classification allowances and heavy driving subsidies, which are paid according to duties;

Article 5 (Operation of Work Hours) (5) Standards for payment of overtime work allowances;

1. The contractual work hours before and after;

arrow