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(영문) 제주지방법원 2013.10.10 2012가합5502
임금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the attached Table 2's "official fees" as well as from January 1, 2012.

Reasons

1. Facts of recognition;

A. Before the organizational reform, the Defendant classified workers into four types of occupations, namely, administrative affairs, simple labor, road repair personnel, and street cleaners, in accordance with the "Rules on Contracts in Jeju Special Self-Governing Province and the Fixed-Term Workers" in order to perform their duties such as disposal of household wastes, and managed human resources. The Defendant allowed a person who has certain qualifications among street cleaners, etc. to engage in driving of cleaning vehicles.

Under the above management regulations, “environmental beauty source” is defined as “human resources engaged in environmental beauty work, such as waste collection, disposal, cleaning, etc.”

(2) Accordingly, the employees engaged in cleaning vehicles determined working conditions, such as wages, in accordance with the collective agreement and wage agreements concluded between the Defendant and the Jeju City Branch of Jeju Special Self-Governing Province Labor Union (the “Korea Union Union Federation of Workers’ Unions” before the organization was changed; hereinafter referred to as “UF”).

B. (1) On March 11, 2009, the Defendant enacted the Jeju Special Self-Governing Province Arms Agreement and the Fixed-term Employee Number Regulations to divide the existing types of occupation into nine categories of occupation, namely, general affairs, computer systems, facilities, tourist transportation, agriculture and forestry environment, health and sanitation, driving, road repair, and environmental beauty. Under the above Fixed Number Regulations, the “driving” is defined as “a person engaged in driving vehicles collecting public buses and garbage,” and the “environmental beauty” as “a person engaged in garbage collection, street cleaning, etc.” respectively.

(2) On January 2009, prior to the reorganization of the organization of this case, the Defendant informed workers of the new installation of cleaning cars, and individually requested workers who wish to convert their cleaning cars into cleaning cars.

Wages: the operator of a public bus.

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