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(영문) 광주지방법원 2016.09.27 2015가단528340
임금
Text

1. The defendant,

A. Plaintiff A: KRW 4,170,050; KRW 2,832,948; and each of them, from June 23, 2016 to June 2016.

Reasons

1. Basic facts

A. The plaintiffs are those employed by the defendant as street cleaners.

B. The Plaintiffs’ hourly ordinary wages from November 2012 to December 2015 are as indicated in the corresponding column of “A.A. ordinary wage” in the attached Table 3 and the “A.A. ordinary wage” in the calculation table of overtime work allowances for more than one week, “C. recognized number of days” in the same calculation table, and “D. excluded number of days” in the same calculation table. The Defendant’s payment of holiday work allowances to the Plaintiffs are as indicated in the corresponding column of “D. excluded days” in the same calculation table. The Plaintiff’s payment of holiday work allowances to the Plaintiffs is 360,880 won in the same calculation table on the premise that the Defendant’s payment of holiday work allowances for more than September 2015 was 360,80 won in the same calculation table. However, the Plaintiff’s payment of KRW 11-380 in the same amount as indicated in the claim on the premise that holiday work allowances paid by the Defendant for more than one month from January 2014 was 149,380.

same as the description in each corresponding column of the Council.

[Ground of recognition] Facts without dispute, Eul's entry in No. 11-36 and the purport of the whole pleadings

2. Where the working hours exceed 40 hours a week, the Plaintiffs asserted that they worked on holidays constitute holiday work and overtime work, and the Defendant did not properly perform the obligation to pay premium pay for holiday work and overtime work for more than 40 hours a week to the Plaintiffs, even though they were obliged to do so, and thus, the Plaintiffs seek payment of the difference between holiday work and overtime work allowance paid by the Defendant and the allowances actually paid by the Defendant from November 2012 to December 2015.

As to this, the defendant is a day of holiday work.

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