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(영문) 수원지방법원 2015.05.29 2014가합73193
임금
Text

1. The Defendants shall jointly and severally provide to the Plaintiffs each corresponding amount in the “total sum” column of the attached sheet 3.

Reasons

1. Basic facts

A. The Defendants, as the parties concerned, are those who jointly entrusted the Korea Highway Corporation with the duties of collecting tolls from AS business places and are engaged in the said duties under the trade name AT from June 16, 2009. The Plaintiffs are employees of AT employed by the Defendants.

B. The Plaintiffs received allowances from the Defendants, such as the relevant monthly basic salary, bonus, etc., stated in the “Items of Wages” in the attached Table 1 on the details of the unpaid amount of allowances.

However, the Defendants calculated ordinary wages based solely on the basis of the basic salary of the aforementioned table, and paid the Plaintiffs each annual annual allowance as stated in the column of “existing payment” among the “existing work allowances” in the said table on the basis of the ordinary wage calculated as above. The Defendants paid each of the pertinent monthly night work allowances, and the “prepaid payment” in the pertinent monthly night work allowances, and the “prepaid payment” in the “Holiday work allowances” indicated in the “prepaid payment” column of the pertinent monthly holiday work allowances and the “prepaid work allowances” in the attached Table 2’s unpaid annual allowance.

C. Contents 1 of the Rules of Employment ) AT Rules of Employment (hereinafter “instant Rules of Employment”).

Article 53 of the Rules of Employment (Definition of Wages)

1. The term "wages" means all money and valuables paid by a company to its members in compensation for their labor;

2. The term "basic pay" means a wage paid for a monthly work (based on 209 hours a month);

3. The term "retirement allowances" means various allowances prescribed in the attached Table 1 of the Standards for Payment of Allowances;

4. The term "household of days" means the calculation of a relevant amount by dividing the relevant amount by the number of working days of the relevant month (hour x 8 hours x the number of working days);

Article 55 (Payment of Wages and Calculation Period)

1. The company shall pay the wages from 1st of the current month to 10th of the following month; and

Article 56 (Lump Sum Calculation)

1. A person who falls under any of the following subparagraphs:

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