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(영문) 서울행정법원 2019.06.21 2018구합76293
조정안견해제시재심결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff and the Intervenor conducted negotiations 15 times from June 7, 2017 to April 20, 2018 to conclude a wage agreement and collective agreement in 2017, but did not reach agreement. The Intervenor filed an application for mediation of labor disputes with the Gyeonggi Regional Labor Relations Commission on April 17, 2018.

(경기2018조정37). 경기지방노동위원회 조정안(서) 《임금협약》 2017년 임금협약 - 2017년 임금은 기본급 대비 정액 1%, 정률 4%를 인상하며 그 유효기간은 2017. 1. 1.부터 2017. 12. 31.까지로 한다.

The Wage Convention of 2018 - With respect to wages in 2018, a fixed amount of 1% compared to the base salary, and 4% higher than the fixed rate, the effective period shall be from January 1, 2018 to December 31, 2018.

《단체협약》 (교섭단체) 회사는 조합이 조합원이 될 자격이 있는 직원을 위한 교섭단체임을 인정한다.

(Annual Paid Leave)

1. The company shall grant 15-day paid leave to members who have worked not less than 80 percent of a year;

2. The company shall grant members whose continuous work period is less than one year one day’s paid leave per month during which they have continued to work;

3. Where a member grants annual paid leave for his/her work for the first year, 15 days including the leave under paragraph (2), and where a member has already used the leave under paragraph (2), the number of days of such used leave shall be deducted from 15 days;

4. The company shall grant workers who have worked for not less than three consecutive years one day’s paid leave for each two years of continuous employment years exceeding the first one year’s paid leave under paragraph (1).

In such cases, the total number of leave days, including additional leave, shall not exceed 28 days.

5. Under Article 60 of the Labor Standards Act, an annual paid leave allowance under Article 20 of the current collective agreement shall be calculated by calculating the difference between the annual paid leave allowance and the annual paid leave allowance to be accrued from the year 2018 to the retirement age (the ordinary wage standard under the wage agreement of 2018) and paid in installments for three years (from May 2018 to May 201).

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