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(영문) 부산지방법원 2013.07.18 2011가합11866
임금
Text

1. Plaintiffs 1 through 89 in case of Defendant Crified Passenger Co., Ltd., and Defendant Crhosung Passenger Co., Ltd., on September 90.

Reasons

1. Basic facts

A. Plaintiff 1 through 89 served as a driver of an urban bus in Defendant 1’s new passenger company (hereinafter “new passenger”), Plaintiff 90 CL in a new passenger company (hereinafter “new passenger”), Plaintiff 91 CM in an international passenger company (hereinafter “international passenger”), and the Defendants are companies engaging in passenger transportation services.

B. The main contents of each collective agreement after 2008, which was applied between the Defendants and the Defendants’ employees, and each of the respective wage agreements (hereinafter “instant wage agreement”) are as follows.

1) The working conditions and the part-time employee working system shall be 40 hours a week, and the part-time employee's wage system and the part-time employee shall, in principle, be 20 hours a day. 2) The part-time employee's wage shall be calculated on the basis of the regular wage determined in the wage negotiations each year, and shall be calculated on the basis of various allowances, such as overtime work allowances. The part-time employee's wage for the part-time employee shall be the daily wage and the part-time employee's wage, and the part-time employee's wage for the next month shall be the 6,824 won as determined in the wage agreements of this case from July 1, 2008 to January 31, 2010.

3) In light of the special nature of route buses, overtime work allowances (A) the reduction or excess working hours (including night work hours) during the prescribed nine hours of work shall be calculated by offsetting each other by totaling a month.

B) The overtime allowance is as follows: ① on July 1, 2008, from January 31, 2010 to January 21, 2010: (i) evidence of 150% per day (i.e., one hour x City wage x 150%) both of the 22th day of each month; (ii) the number of days during the above period exceeds the 22th day (20 days in February) of each month shall be regarded as the day off duty and 150% per day (i.e., 9 hours x x 150%) night duty allowances.

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