1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Paragraph 1 of the judgment of the court of first instance is applicable.

1. Basic facts

A. The Defendant is a company established for the purpose of the business related to the loading and unloading and service of ports, and the Plaintiff (the appointed party; hereinafter “Plaintiff”) and the designated parties (hereinafter “Plaintiffs, etc.”) collectively refer to the Plaintiff and the designated parties (hereinafter “Plaintiffs, etc.”) are employees from March 15, 200.

B. The Plaintiff et al. entered into a collective agreement on August 30, 2012 (hereinafter “instant collective agreement”). Article 37 of the said collective agreement provides that the term of validity of the instant collective agreement shall be from May 1, 2012 to April 30, 2014.

Article 37 of the Collective Agreement, 2012 (Compensatory Holidays) (1) The following shall be paid holidays:

1. Weekly holidays;

2. Lighting (one day, three New Year’s Day, three New Year’s Day, three New Year’s Day); and

3. Sub-Section 4 (Seoul, Hunting, Magcheon, Magcheon);

4. National holidays (gradation days, children's Day, tinday, wintering days, and sexual ammunitions).

5. Labor Section ( May 1);

6. Date of establishing the company ( November 11).

7. The establishment date of the branch office ( March 31); and

8. Temporary public holidays and various election days for exercising civil rights.

9. Date determined by a labor-management consultation.

C. The Plaintiff et al. provided labor to the Defendant Company on July 17, 2012 and July 17, 2013, which was the first enacted in 2012 and 2013, but the Defendant did not pay holiday allowances in the “request amount” column in the attached Table on the ground that the Defendant was not paid holiday.

On the other hand, the Constitution was excluded from the holidays of government offices since 2008.

E. The wage payment date of the Defendant Company is the 25th day of each month.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion was designated as a paid holiday under the instant collective agreement, the Defendant is obligated to pay holiday allowances to the Plaintiff, etc. who provided labor in 2012 and 2013 Constitutional Court.