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(영문) 대전지방법원 홍성지원 2018.08.30 2017가합1025
임금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Defendant is a company established on December 29, 1980 for the purpose of transporting passenger vehicles in agricultural and fishing villages.

Plaintiff

The designated parties are the workers employed by the defendant as a driver from December 5, 1995 to the defendant.

B. The labor relations between the Plaintiff and the designated parties are determined by a C-Trade (former Name: D-Trade) to which the employees of the Defendant, including the Plaintiff and the designated parties, belong and a collective agreement and wage agreement concluded between the Defendant (hereinafter “instant collective agreement and wage agreement”). The main contents of the instant collective agreement and wage agreement are as follows.

[Written Collective Agreement 2007] Article 30 (Working Hours) of the instant Collective Agreement (hereinafter “instant Collective Agreement”).

1. Working hours of employees shall be eight hours a day;

2. The term "working hours" means from the starting time of the business to the ending time of the business (the time of parking in the parking location after arrival of a company);

Article 31 (Number of Days of Work) The number of monthly working days shall be governed by the wage agreement.

Article 40 (Labor System) The wage system is as follows:

1. Basic pay: The basic pay of employees means the pay which guarantees the minimum standard of living for one month by the family members of five on the basis of eight hours a day and eight full hours a day;

2. Allowance for overtime work: The allowance for overtime work shall be included in the daily allowances of employees under the wage agreement;

3. Monthly holiday allowances: The company shall pay monthly paid holiday allowances to full-time workers during the 30th day of each month to the daily amount specified in the wage agreement.

4. 1) The Company shall pay 50/100 of the daily allowance specified in the Wage Agreement to a person who has worked for more than 19 days. 2) The paid holiday allowance referred to in Article 34 of this Convention shall be paid in addition to 50/100 of the daily allowance specified in the Wage Agreement to the person who has worked on the said day, and the person who has not worked on the said day shall pay the day specified in the Wage Agreement to the person who has worked on the said day

5. Annual paid holiday allowances: Ten days for persons who have worked in total for two hundred three days per year.

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