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(영문) 대구고등법원 2013.06.27 2011나3856
임금 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs' damages corresponding to the following additional payments.

Reasons

1. Basic facts

A. The defendant company (hereinafter "the defendant company") is a company running bus transport business, and the plaintiffs are members of the Korean Motor Vehicle Trade Union member of the Korean Motor Vehicle Workers' Union as a person who served or served as a driver in the defendant company.

B. The labor relations between the plaintiffs and the defendant company are based on the collective agreement and wage agreements concluded between the defendant company and the defendant company S branch of the Korea Automobile and Motor Vehicle Workers’ Union (hereinafter “Trade Union”). The main contents of the collective agreement and wage agreements from 2006 to 2009 are as follows.

(1) The working hours and working hours in the system shall be the 14th day of each month in the case of a worker in the vehicle operating in the city; the 19th day of each month in the case of a worker in the external driving vehicle; the average working hours per day shall be 14 hours in the case of a vehicle operating in the city and 11 hours in the case of an external driving vehicle.

(2) The wage system driver shall calculate the basic daily wage (basic wage x 8 hours) on the basis of the time-based wage determined by the wage agreement between the labor and management (hereinafter “basic wage”) and then then calculate the monthly basic wage (basic daily wage x 14 days, and 14 days per day per day per day per day per day per day per day per day per day as workers of the vehicle in the city of the plaintiffs) on the basis of this.

Basic pay is the standard for calculating various allowances, and from September 1, 2006 to 2007

8. From September 1, 2007 to August 31, 2008, basic hourly pay is KRW 5,046.52, and from September 1, 2008, the basic hourly pay is set differently according to the salary class by introducing the salary class system according to the continuous service period from September 1, 2008.

(3) Wages calculation hours are 14 hours and 30 minutes including 8 hours a day’s basic work hours and 6 hours and 30 minutes of overtime work, and 1 hours of overtime work shall be night work, and 1.5 times of the basic wage for overtime work.

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