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(영문) 대구지방법원 상주지원 2021.02.10 2020가합5057
임금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The parties concerned are local public enterprises established for the purpose of managing and operating entrusted duties, such as tourism promotion projects and management of public facilities designated by the B mayor pursuant to the laws and ordinances of local public enterprises and B, and the Plaintiffs are those who have entered into a labor contract with the Defendant and are currently working or are currently working.

B. Among the contents of the Defendant’s notice of the employment plan for fixed-term workers in 2013 and 2015, the Defendant’s notice of the employment plan for fixed-term workers in 2013 and 2015 stipulate that “The working conditions may vary or exceed hours of working due to the characteristics of the business head, may occur, and weekly holidays may be replaced by regular working days, and may be ordered to work on a non-regular working day.”

(c)

The contents of the labor contract between the Plaintiffs and the Defendant, except the Plaintiffs C, D, and E, and the labor contract between the Plaintiffs and the Defendant, were not submitted as evidence.

(hereinafter referred to as “each of the instant labor contracts”) provides that “The hours of operation and rest may vary due to the characteristics of the business site, due to the nature of the business site, overtime (over-time off-duty) may occur, a weekly holiday may be replaced by a regular work, and a weekly holiday may be ordered to work on an unpaid holiday, and a non-regular work may be ordered to work on an unpaid holiday.” or that “work day shall be five days (eight hours a day) out of seven days from every week to Sundays.

However, it is written that the day of unpaid leave and weekly leave are excluded (this may work as a substitute for regular work and order a person to work on an unpaid leave day).

(d)

On December 26, 2018, the Defendant’s board of directors amended the Management Regulations for Workers in the Office of Public Service related to the Defendant’s holidays, as follows (hereinafter “instant Management Regulations”).

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