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(영문) 서울중앙지방법원 2017.04.27 2014가합529216
임금
Text

1. The Defendant stated the Plaintiffs [Attachment 1]’s “final settlement amount on the Defendant’s side” in the “list of the total amount of figures.”

Reasons

1. Basic facts

A. The Plaintiffs are currently appointed as the personnel or road repair personnel of the Gangwon-gu Regional Land Management Office under the Ministry of Land, Transport and Maritime Affairs, which belongs to the Defendant, and some Plaintiffs among the Plaintiffs, D, F, N, S, T, U, AA, and AP (hereinafter collectively referred to as “Plaintiff D, etc.”) have received interim payment of retirement pay.

B. The Defendant has paid the Plaintiffs a certain amount of basic salary, risk allowances, job class allowances, fixed meal expenses, transport subsidies and a certain amount of annual holiday leave expenses according to the “Management Regulations of Road Management Workers” (Ordinance of the Ministry of Land, Transport and Maritime Affairs) and “Budget Execution Guidelines for Ordinary Project Expenses” as stipulated by the Ministry of Land, Transport and Maritime Affairs.

C. The Defendant paid overtime work allowances, night work allowances, holiday work allowances, and annual leave allowances to the Plaintiffs based on ordinary wages calculated solely on the basis of the basic salary, risk allowances, and job class allowances, excluding the fixed meal allowance, transportation allowance, and holiday leave allowance, among the above wage details, pursuant to the Ministry of Employment and Labor’s Guidelines for Calculation of Ordinary Wage.

In addition, as above, the Defendant calculated average wages based on the amount of overtime work allowances, night work allowances, holiday work allowances, annual leave allowances, etc. calculated by excluding a fixed meal allowance, transportation subsidy, holiday work allowance, and holiday work allowance, etc., and then, the date of retirement upon the application for interim settlement of retirement allowances filed by Plaintiffs D, N, S, T, U, and AP is December 31, 201, and the date of retirement upon the application filed by Plaintiff F and AA for interim settlement of retirement allowances is the date of retirement allowances filed by the Defendant on December 31, 209 or on the date of interim settlement of retirement allowances filed by the Defendant on November 17, 2010, there is no dispute between the Plaintiffs and the Defendant.

E.

Relevant provisions are as follows:

Article 1 (Purpose) of the Road Act (amended by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 528) (Purpose) is Article 39, 59, 63 and 63 of the Road Act (hereinafter “Act”).

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