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(영문) 서울중앙지방법원 2015.11.20 2014가합38123
임금 등
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "list of the total amount of discount" in the attached Table 2 list.

Reasons

1. Basic facts

A. The defendant is a public corporation established for the purpose of establishing traffic order and enhancing traffic safety through education, publicity, research, technology development and driving test management, etc. on the road. The plaintiffs are the workers who are or were workers of the defendant.

B. Article 35 of the collective agreement concluded between the defendant and the "B Trade Union", a trade union, provides that wages shall be governed by a separate wage agreement, and Article 36(1) provides that contractual work hours shall be eight hours per day and forty hours per week, and Saturdays shall, in principle, be holidays.

‘The Court determines'.

Article 3 of the "Maintenance Regulations" (Definition of Terms)

1. The term "Remuneration" means the total amount of basic annual salary, performance-based incentives, and other annual salary;

5. The term "ordinary working days" means legal holidays and does not include non-regular working days;

6. The term "household of days" means the calculation by dividing the monthly remuneration by 8/209; and

8. Ordinary wages shall be as shown in attached Table 1.

9. The term "average wage" means the aggregate amount under items (a) and (b) of the following items:

The sum of the base pay, base pay, work allowances, payment allowances, excess work allowances, and management allowances paid in the three-month immediately preceding the date on which a ground for calculating such amount arises (hereinafter referred to as "base date") shall be calculated by dividing the aggregate by the total number of days in the relevant period.

(b) Article 17 (Redivation Promotion Expenses) (1) of the amount calculated by dividing the aggregate of the welfare promotion expenses, self-performance allowances, and annual allowances paid in the year immediately preceding the base date by the total number of days during that period. 400% of the basic salary shall be paid to employees as welfare promotion expenses.

(2) The payment date and payment rate of the welfare promotion expenses shall be as shown in the attached Table 12.

Article 20 (Overwork Allowances) (1) Where special overtime work is performed outside of working hours, the excess work allowances shall be paid.

1. Work in overtime hours: A person who has worked for a period other than that prescribed by an order of service;

2. Holiday work allowances:

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