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(영문) 대전지방법원 2020.10.15 2020가단102089
임금
Text

1. The defendant shall pay to the plaintiffs each amount stated in the "total sum of the claim amounts in attached Form 2" and attached Form 2.

Reasons

1. Basic facts

A. The defendant is a stock company established for the purpose of maintaining and repairing gas facilities and repairing and maintaining them, and the plaintiffs are employees in the defendant.

B. The labor relationship between the Plaintiffs and the Defendant is determined by the labor-management agreement, such as the collective agreement and wage agreement concluded between the two labor union C branch and the Defendant to which the Plaintiffs belong, and the Defendant’s remuneration regulations. The collective agreement related to the instant case from January 2017 to December 2019 (hereinafter “instant request period”), the Defendant’s remuneration regulations, and the Defendant’s remuneration regulations enforcement rules are as stated in attached Table 3.

C. The Defendant paid the Plaintiffs an extension, night, holiday, holiday, and annual leave allowance to the Plaintiffs only on the basis of the basic salary (basic annual salary), excluding piece rates, vocational salary, job salary, special work allowance (election allowances, construction supervision allowances, and team leader’s allowance).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendant alleged the Plaintiffs’ assertion that special work allowances, such as the minimum payment portion of the ordinary performance rating and internal evaluation grade, career rating, job salary, appointment allowance, construction supervision allowance, team leader’s allowance, etc. (hereinafter “each of the instant allowances”) constitute ordinary wages, is paid to the Plaintiffs on the basis of only basic salary (basic annual salary) excluding this, and thus, the Defendant is obliged to pay the Plaintiffs the difference in statutory allowances, such as extension of property, night, holiday work allowance, holiday work allowance, annual leave allowance, etc. including each of the instant allowances, and delay damages therefrom.

3. Whether each of the instant allowances constitutes ordinary wages

A. Whether certain wages belong to ordinary wages are money and valuables paid to workers for contractual work.

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