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(영문) 광주고등법원 2019.02.01 2016나16534
임금
Text

1. The part of the judgment of the first instance, including the claim extended and reduced in the trial, against the plaintiffs is as follows.

Reasons

1. Facts of recognition;

A. The defendant is a company whose main purpose is to manufacture and sell products related to heating, cooling, and mutual assistance, and the plaintiffs are functional or office workers employed by the defendant.

Plaintiff

GT is an office worker, and all the other plaintiffs are functional workers.

B. The contents of the Defendant’s collective agreement and wage rules and various statutory allowances, which apply from June 2010 to June 2014, among the Defendant’s collective agreement and wage rules applicable to the Defendant’s collective agreement and wage rules, are as follows. In the Defendant’s workplace, only two workers exist in Gwangju (or a business office) and all the Plaintiffs work in Gwangju (or a business office). As such, among the respective wage rules, the content of the license allowance and vehicle subsidy (see attached Table 3) that are irrelevant to, or not claimed by, the Plaintiffs, who are office workers, is not indicated. Article 44 of the collective agreement (Definition of Ordinary Wage

1. The term "ordinary wages" means the amount calculated by adding the total sum of the monthly fixed allowances to the monthly basic salary (in cases of a daily rate system, basic salary x 30, and in cases of a monthly rate system, the principal salary);

2. The term "ordinary wage per hour" means the aggregate of the amounts calculated by the method prescribed in Article 6 of the Enforcement Decree of the Labor Standards Act with respect to basic daily pay (or regular pay) and various fixed allowances

3. The term "daily ordinary wages" means hourly ordinary wages ¡¿ 8;

4. Ordinary wages of members in technical service shall be as follows:

(Provided, That the ordinary wages included in the office members shall be governed by a separate agreement).

Position Allowances

(b) Continuous service allowances;

(c) Family allowances;

(d) Qualification allowances;

(e) Environmental allowances;

(f) Forkive driving allowances;

(g) Rental license allowances;

5. Items to be included in average wages shall be as follows:

(c) Traffic expenses;

(d) A shift allowance;

6.The payment of the allowances referred to in paragraphs 4 and 5 above shall be in accordance with separate payment regulations.

Article 45 (Reward) A company shall hold office positions, continuous service allowances, qualification allowances and family allowances for 30 hours in basic pay to all members who have become members for at least six months of employment.

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