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(영문) 대구지방법원 2019.12.19 2014구합20997
임금
Text

1. The defendant shall pay to the plaintiff the amount of money stated in the attached Table 1 List "(3)" and the amount payable.

Reasons

1. Basic facts

A. The Plaintiff worked as a public official of the Defendant’s technical position during each period indicated in Annex 1’s Schedule, who is subject to institutionalization in light of the nature of his/her duties.

B. The Defendant paid only overtime work allowances (the amount equivalent to 67 hours per month) to the Plaintiff on the ground of the provision on allowances for local public officials, etc., which are Presidential Decrees (hereinafter “instant allowance regulations”), the guidelines on handling local public officials’ remuneration duties, etc., which are established by the Ministry of Public Administration and Security (hereinafter “instant guidelines”).

C. The amount of overtime work allowance that the Defendant did not pay to the Plaintiff is indicated in the column for “overtime work allowance unpaid” in attached Table 1.

(hereinafter “The unpaid overtime work allowance”). 【The grounds for recognition】 The fact that there is no dispute, Gap evidence No. 1, Eul evidence No. 1 (including spot numbers, if any), and the purport of the whole pleadings.

2. The details of the relevant statutes are as shown in attached Form 2;

3. Determination as to the cause of action

A. Since the determination of a local public official’s allowance on unpaid overtime work allowance is stipulated by statutes, a local public official on duty prescribed in Article 5 of the Local Public Officials’ Service Regulations may seek payment of overtime work allowance corresponding to actual overtime work hours under an order of service, inasmuch as such overtime work allowance, night work allowance, holiday work allowance, etc. as prescribed by the relevant statutes are appropriated in the budget.

(see, e.g., Supreme Court Decision 2005Da9227, Sept. 10, 2009). This provision provides that the monthly payment time of overtime work allowance shall be determined as “within budget” for the present employee, who is a public official, whose overtime work is institutionalized, such as the present employee or shift worker under the instant guidelines, according to delegation of Article 15 of the instant allowances provision.

on the basis of the instant guidelines.

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