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(영문) 대전고등법원 2019.05.02 2016나88
임금 등
Text

1. Of the judgment of the first instance, the part against the Plaintiffs, which orders additional payment, shall be revoked.

Reasons

Basic Facts

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance in addition to the following parts, since it is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from No. 6 of the judgment of the court of first instance to No. 8 of the judgment of the court of first instance to No. 13 of the judgment of the first instance).

The attached Form 2 through 14 shall be referred to as "attached Form 1" in attached Form 6 of the judgment of the court of first instance as "the details of the claim amount and the quoted amount by plaintiff".

On the 6th part of the judgment of the first instance, the "company of the instant industrial cooperative" in the 17th part of the judgment of the first instance shall be incorporated into "the department of the instant industrial cooperative".

The period of each "request" in attached Forms 2 through 14 shall be specified in attached Form 7 of the judgment of the court of first instance as "period from December 1, 2008 to December 31, 201".

Under Article 9 of the text of the judgment of the first instance, "7,358 won" shall be added to "7,385 won" among the table of the first instance order of the first instance order.

The summary of the plaintiffs' assertion of the parties is that transportation expenses, food expenses, driver's insurance money, low-level leave expenses, bonuses, work allowances, work allowances, and rewards for non-accidented attendance (hereinafter "each of the allowances of this case") which the second plaintiffs received from Defendant E are ordinary wages.

Nevertheless, the Defendants paid overtime work allowances, etc. calculated on the basis of only the basic pay except each of the instant allowances to the Plaintiffs during the period of request of the instant case.

Therefore, the Defendants are obliged to pay the difference between the difference and the delay compensation for the amount calculated by deducting the overtime allowance, etc. already paid during the same period in the overtime allowance, etc., which was determined based on the hourly ordinary wage calculated including each of the instant allowances from the Plaintiffs.

The main point of the Defendants’ assertion is that the instant industrial cooperative and the instant trade union enter into each of the instant wage agreements, while workers take overtime and night work on a regular basis.

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