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1. The plaintiff (appointed party)'s claim is all dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The Plaintiff et al. entered into an employment contract with the Defendant and entered into a contract for cleaning within the jurisdiction of the Busan Metropolitan City C-Gu Office, and the Defendant entered into a contract with the company established for the business of collecting general garbage, etc. for cleaning within the jurisdiction of the C-Gu Office.
B. After entering into an employment contract with the Defendant, the Plaintiff et al. worked for 40 hours a week from 00:00 to 09:00 each day (2:00 to 06:00 each day) (the hours of recess) and received monthly wages including bonuses, family allowances, household allowances, fixed meal allowances, transportation subsidies, special work allowances, night duty allowances, etc. on the basis of the basic wage, and received monthly wages including bonuses, family allowances, family allowances, regular meal allowances, special work allowances, night duty allowances, etc., and was guaranteed one paid holiday day per week.
C. On November 13, 2017, the Plaintiff, etc. entered into a collective agreement in 2017, through the branch offices of D regional non-regular workers and general trade union B, the collective agreement between the Defendant and the Defendant is referred to as the “instant collective agreement.”
Article 32 of the instant collective agreement provides for the following:
1. The following shall be paid holidays:
1. Weekly holiday: Saturdays, Sundays 2) New Year’s Day, Saturday 3 Workers’ Day, Saturday 3, tin New Year’s Day, tin New Year’s Day, tin New Year’s Day, tin New Year’s Day, tin New Year’s Day, Maternal Year’s Day, Maternal Year’s Day, Ma
2. If weekly holidays and paid holidays overlap, only on the day shall be effective.
3.Notwithstanding the provisions of any of the above circumstances, if the Office instructs the collection to work in a normal manner, it shall be paid in addition to the wages in accordance with the Labor Standards Act.
4.For any of the subparagraphs of paragraph 1 above, it shall be subject to the annual change of the total number of days on the service design of the C-Gu Office.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4, Gap 6-1 to 4, the purport of the whole pleadings
2. The plaintiff's assertion
(a) Family allowance, household allowance, and household allowance, monthly wage paid to the Plaintiff, etc. from 2015 to 2017.