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(영문) 서울중앙지방법원 2018.02.22 2016가단5140233
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant (around September 1, 2016, changed from EP to the present trade name) is a local public corporation established for the purpose of developing, supplying, building, improving, supplying, and managing housing sites, and the Plaintiffs are the incumbent or retired workers of the Defendant pursuant to the Local Public Enterprises Act and the relevant statutes.

B. Major contents of the collective agreement, etc., the Defendant paid the Plaintiffs wages in accordance with the collective agreement, wage agreement, remuneration management rules, etc. concluded with the EP Integrated Construction Workers’ Union (hereinafter “Trade Union”) to which the Plaintiffs belong (the Defendant and the trade union agreed that the bonus allowance of 400% on December 31, 2013 should be basicized within the total labor cost, and that it shall be applied from January 1, 2014; accordingly, the rules on remuneration management, which was amended on January 20, 2014 and enforced from January 1, 2014, stipulate that the existing bonus allowance shall be deleted, and only the portion corresponding to the piece rate among the existing bonus allowances shall be piece rate allowances as follows). The main contents of the collective agreement, etc. are as follows.

Article 28 (Working Hours) (1) of the collective agreement dated January 29, 2013, the working hours of members shall be five days a week, eight hours a day, and forty hours a week, and the beginning time of business shall be 09:00 and 18:00.

Article 33 (Definition and Composition of Wages) (1) The term "wages" means money or valuables, regardless of their titles, paid to an employee by the employer to the employee.

(2) Ordinary wages means the total amount of basic pay, technical allowance or management allowance, receipts and disbursements allowance, and meal service subsidies.

Article 1 (Validity Term) The term of validity of this Convention shall be from December 27, 2012 to December 26, 2014 (two years).

Work hours under Article 24 (Work Hours) of the Collective Agreement of December 30, 2014 shall be eight hours a day, forty hours a week, and forty hours a week.

Article 30 (Definition and Composition of Wages) (1) Wages shall be paid to employees in return for the labor force.

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