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(영문) 서울중앙지방법원 2012.10.09 2011가합136408
임금
Text

1. The defendant attached Form to the plaintiffs

2. The phrase “the Plaintiff’s claim amount” as “the total amount payable” refers to each amount and money.

Reasons

1. Basic facts

A. Plaintiffs 1 through 18 work for the following: (a) the following persons: (b) the following persons: (c) the following persons: (a) the A Office of National Territory Management (hereinafter referred to as the “A Office”); (d) the B Office of National Land Management (hereinafter referred to as the “B Office”); (c) the C Office of National Land Management under the said Office of National Land Management (hereinafter referred to as the “C Office”); (d) the D Office of National Land Management under the Daejeon Regional Land Management Office of National Land Management (hereinafter referred to as the “D Office”); and (d) the Plaintiff 38 through 44 are appointed respectively as road repair personnel or the supervising personnel of the E Office of National Land Management under the said Office of National Land Management (hereinafter referred to as the “E Office”).

B. The Defendant has paid the Plaintiffs a certain amount of basic pay, risk allowance, job class allowance, supervisor’s allowance, family allowance, fixed meal allowance, traffic subsidy and a certain amount of annual holiday leave allowance in accordance with the Road Management Regulations (Ordinance of the Ministry of Land, Transport and Maritime Affairs), the Guidelines for the Execution of Ordinary Project Expenses, and the Guidelines for the Operation of Human Resources.

C. The Defendant paid overtime work allowances, night work allowances, and holiday work allowances to the Plaintiffs based on ordinary wages calculated solely on the above basic pay, risk allowances, and job class allowances (excluding fixed meal expenses, traffic subsidies, and holiday work allowances) in accordance with the Ministry of Employment and Labor’s Guidelines for Calculation of Ordinary Wage, which are established by the Ministry of Employment and Labor.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3-1 through 3, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings.

2. Determination on the cause of the claim

A. (1) The Plaintiffs’ assertion (1) is based on the following: (a) the fixed meal cost, traffic subsidy, and holiday leave cost, out of the monthly or annual salaries paid to the Plaintiffs, constitute ordinary wages under the Labor Standards Act by nature; (b) the Defendant calculated the ordinary wages with the exception of the above allowances, based on the basic wage, risk allowance, and class allowance.

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