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(영문) 광주지방법원목포지원 2016.01.15 2013가합10296
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company that builds, alters, repairs, dismantles, and sells ships, and the plaintiffs are the defendant's workers.

B. The Defendant concluded an annual collective agreement (hereinafter “instant collective agreement”) with the Korea Metal Trade Union D branch (hereinafter “instant trade union”) in which its employees including the Plaintiffs, etc. joined, and accordingly, paid wages to workers on the 10th day of each month, and the Plaintiffs were paid retirement allowances by settling accounts for the retirement allowances to be paid by the Defendant pursuant to the instant collective agreement.

C. Meanwhile, the contents of the instant collective agreement and the Defendant’s rules of employment, wage management regulations, and wage management regulations (hereinafter collectively referred to as “instant rules of employment,” “instant wage management regulations,” and “instant rules of employment management”) related to the instant case are as follows.

Article 3 (Priority of Convention) of the Collective Agreement (2012), the standards prescribed in this Convention shall take precedence over the Labor Standards Act, the rules of employment and regulations of the company, and other individual labor contracts, and the matters which fall short of the legal standards of this Convention shall be governed by

Article 6 (Enactment and Revision of Regulations) Where a company intends to amend, amend, or repeal the contents of rules of employment disadvantageous to members, it shall obtain prior consent thereto.

Article 33 (Dismissal) Any company may dismiss a member when he falls under any of the following subparagraphs:

2. In the event that a sentence heavier than imprisonment without prison labor becomes final or the right of public participation is suspended or deprived by law (after all, wages) the company is divided into ordinary wages and average wages as follows:

1. The term "ordinary wages" means allowances and basic wages determined to be paid periodically and uniformly to workers for a fixed amount of labor;

2. The term "average wages" means the total amount paid in the three-month period immediately before the date on which a ground for calculation occurs, and the annual amount paid in the relevant year;

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