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(영문) 청주지방법원 충주지원 2018.12.13 2017가합5655
임금
Text

1. The Defendant: 18,974 won to Plaintiff A and the following: 5% per annum from November 17, 2017 to December 13, 2018;

Reasons

In light of the above legal principles, the legal allowances of this case under the Labor Standards Act are almost impossible to exceed the legal allowances of this case where the legal allowances of this case are actually paid.

The reasons are as follows.

1. An overtime work allowance;

(a) The calculation formula of overtime work allowances actually paid is as follows:

Monthly ordinary wage under the Employee's Wage Regulations: Work allowances for overtime hours actually paid to A (basic wage grade): A±183 (the base number of hours for calculation of monthly ordinary wages) ¡¿ actual overtime hours (hereinafter referred to as "H") ¡¿ 1.83 (Additional Rate) = A/183 ¡¿ H x 1.83.83

B. The calculation formula of overtime work allowances under the Labor Standards Act is as follows:

Monthly ordinary wages under the Labor Standards Act: A (class of basic wage) A x 0.1 (Welfare Pension) labor allowances under the Labor Standards Act: Monthly ordinary wages under the Labor Standards Act ± 243 or 226 (the base number of hours for calculation of ordinary wages for each month) x actual overtime work hours (hereinafter referred to as "H") x 1.5 (Additional Ratio under the Labor Standards Act) x (A*0.1) / 243 or 226 x H x 1.5 x 5.

(c) Work allowances paid for overtime hours: A xH x 0.01 (=1.83/183) under the Labor Standards Act: A xH x 0.06 (=1.1 x 1.5/243 x less than three decimal places; hereinafter the same shall apply) or A xH x 0.07 (=1.1 x 1.5/226)

2. Annual leave compensation:

(a) The formula for calculating annual leave compensation actually paid is as follows:

Monthly ordinary wage under the Employee's Benefit Regulations: Annual leave compensation paid actually to A (basic wage grade): A±183 (the base number of hours for calculating the monthly ordinary wage) ¡¿ the actual number of days of annual leave of absence (hereinafter referred to as "h") ¡¿ 8 hours of annual leave of absence per day ¡¿ 1.83 (Additional Rate) = A/183 x h x 1.83 x 83 x 8.

B. The formula for calculating annual leave compensation under the Labor Standards Act is as follows:

Monthly ordinary wage under the Labor Standards Act: A (basic wage grade) x 0.1 (Welfare Pension) annual leave wage under the Labor Standards Act: Monthly ordinary wage under the Labor Standards Act ± 243 or 226 (the base number of hours for calculation of the monthly ordinary wage) x actual.

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