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(영문) 대구지방법원 2017.03.29 2016가단103092
임금
Text

1. The defendant stated in the separate sheet 1 "Plaintiff" as stated in the plaintiffs, and the amount stated in the same list "request amount" as stated respectively.

Reasons

1. Basic facts

A. The Defendant is a public corporation that can consolidate environmental infrastructure facilities with a view to promoting the convenience of citizens’ lives and promoting the welfare by treating sewage, excreta, living wastes, food waste, water water, etc. generated from Daegu discharged area more stably and efficiently. The Plaintiffs are those who worked for and retired from the Defendant Corporation, or the successors of P who died among them (Plaintiff 12 to 15).

B. From February 2012 to the retirement of the Plaintiffs, the Defendant calculated hourly ordinary wages, including only the salaries, long-term continuous service allowances, environmental management allowances, and job grade allowances, and based thereon, paid overtime, night and holiday work allowances, annual allowances, retirement allowances, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 7 and 9 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. In addition to the allowances calculated by the Defendant as ordinary wages, the summary of the Plaintiffs’ assertion is as follows: ① in the case of regular workers, traffic assistance allowances, technical allowances, risk allowances, treatment allowances, meal service allowances, encouragement allowances, environmental management additional allowances, additional dues, environmental management allowances, welfare points, management allowances, specific business allowances, ② in the case of irregular contract workers, bonuses, long-term continuous service allowances, traffic assistance allowances, meal assistance allowances, meal assistance allowances, special business allowances, welfare points (hereinafter “each of the instant allowances”) also have regular, fixed, and fixed rate, and should be included in the scope of ordinary wages.

Therefore, the defendant should have paid the plaintiffs overtime, night, holiday, holiday, annual allowance, and retirement allowance according to the ordinary wage that includes each of the instant allowances, but the defendant paid overtime, night, holiday, holiday, annual allowance, and retirement allowance based on the ordinary wage that was calculated without including each of the instant allowances. Thus, the defendant is calculated by including each of the instant allowances to the plaintiffs.

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