The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Gwangju High Court.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, the lower court rejected the Defendant’s main defense against safety on the ground that it is difficult to recognize the Defendant’s ground of appeal on the sole basis of the evidence submitted by the Defendant, on the ground that the labor union, while entering into a wage agreement with the Defendant on the part of ordinary wages, it was related to the wage, etc. that was already incurred before each agreement was concluded,

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine regarding the de facto agreement, contrary to what is alleged in the grounds of appeal.

2. As to the ground of appeal No. 2, the lower court, as to the Defendant’s assertion that the weather allowances, overtime allowances, and physical fitness training lack fixedness, had an implied agreement between the street cleaners and the Defendant, who would not pay the retirement allowances, etc. to the retired worker before the payment date.

In determining that such a practice has been established, it was not sufficient to reject such a practice, and determined that the above end-term allowances, etc. are included in ordinary wages.

The judgment below

Examining the reasoning in light of the relevant legal principles, the lower court did not err by misapprehending the legal doctrine on the scope of ordinary wages, as alleged in the grounds of appeal.

3. As to the ground of appeal No. 3, the lower court rejected the Defendant’s assertion that Article 9(1) of each of the instant wage agreements does not provide that “overtime work allowances shall be included in monthly pay” shall not be interpreted as an agreement, and even if such interpretation is made, the Plaintiffs’ excessive work hours shall not be determined in itself, and thus, 60.83 hours (=2 hoursx365x1/12) shall be added to the monthly ordinary wage calculation standard hours.

The judgment below

Examining the reasoning in light of the relevant legal principles, the above judgment below is calculated as ordinary wages, as alleged in the grounds of appeal.