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(영문) 울산지방법원 2018.10.18 2015나3754
임금
Text

1. According to the incidental appeal and the reduction of claims by this Court, the part of the claims by Plaintiff C in the judgment of the first instance is as follows:

Reasons

1. Basic facts

A. The Defendant is a juristic person established for the purpose of running the automobile parts manufacturing business, etc., Plaintiff A is a juristic person, Plaintiff B is a person on October 22, 2012, Plaintiff B is a person on August 16, 2011, Plaintiff C is a person employed by each Defendant company on August 23, 2010, and Plaintiff C is in charge of manufacturing in a consortium production system for the purpose of manufacturing parts, and Plaintiff A retires on March 15, 2014, Plaintiff B and C respectively.

B. The Defendant paid workers, including the Plaintiffs, basic pay, overtime allowances, night allowances, holiday allowances, continuous service allowances, expenses for maintenance of vehicles, day-to-day leave allowances, annual allowance, etc. on the 15th day of each month, which is the monthly wage day. In other words, various allowances, etc. shall be calculated by the following methods: ① Extension allowances, holiday allowances, night allowances, etc., by setting the minimum hourly wage every year as ordinary wage; ② the amount equivalent to 150% of the ordinary wage per hour during night work hours; ② Night overtime allowances, which constitute overtime work, constitute overtime work, ② The amount equivalent to 200% of the said ordinary wage per hour during the extended work hours (hereinafter referred to as “overtime allowance”), ③ The amount set forth in Article 82 subparag. 3 of the Rules of Employment as follows, ④ the maintenance expenses of vehicles, multiplied the number of days per day by the Plaintiffs’ daily number of days per day until February 2014; and ④ the amount calculated by multiplying the number of days per day per week by 300 hours per day per week.

Article 28 (Working Hours) The working hours of workers shall be as follows under the conditions as prescribed by the Labor Standards Act:

1. Work hours of a worker shall be based on eight hours a day and forty hours a week, and, if necessary, shall be limited to twelve hours a week by a labor or private agreement;

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