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(영문) 전주지방법원정읍지원 2017.08.24 2015가단11333
임금
Text

1. The Defendant’s each of the relevant money in the “total” column in the attached Table to the Plaintiffs and each of the said money.

Reasons

1. Facts of recognition;

A. At least on August 2012, the Plaintiffs were employed by the Defendant who provides passenger transport services, and served as a bus driver until now.

B. On August 8, 2001, the trade union to which the plaintiffs belong and the defendant agreed to pay KRW 5,000 as CCTV allowance and KRW 9,000 for each day on which they operated a driver on board to a driver on board, respectively. On April 1, 2009, the parties agreed to increase the amount of money under the above formula as KRW 12,000 (hereinafter referred to as “instant CCTV allowance”) and received each of the above allowances for each day on which they operated a bus.

C. The instant allowances 1 and 2 were not reflected in the calculation of the Plaintiffs’ basic pay and various allowances, bonuses, and the instant allowances and 2 allowances from August 2012 to August 2015. In cases where the instant allowances and 2 are deemed ordinary wages, the total sum of various allowances and bonuses that the Plaintiffs are required to receive in addition to the calculation are indicated in the relevant part of the “attached Form 4 Claim Amount Table.”

[Reasons for Recognition] The entry of Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 5 (including branch numbers), and the purport of the whole pleadings

2. The standard for calculating additional wages for overtime, night, or holiday work, pre-announcement allowances for dismissal, annual leave allowances, etc. and the minimum amount of average wages under the Labor Standards Act means money and other valuables agreed to be paid, which are regularly, uniformly and regularly, for contractual work which an employee ordinarily provides for contractual work hours;

Whether a certain wage falls under ordinary wages shall be determined according to the objective nature of the wage, based on whether the wage is paid periodically, uniformly, and fixedly to an employee as the remuneration for a contractual work. The form, such as the name of the wage or the length of the payment cycle, etc.

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