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(영문) 창원지방법원진주지원 2015.09.09 2014가합1969
임금 등
Text

1. On August 14, 2014, the Defendant stated each of the corresponding amounts and each of the said amounts to the Plaintiffs as stated in attached Form 2.

Reasons

1. Basic facts

A. The Plaintiffs are street cleaners employed and employed by the Defendant, who belong to the Democratic Labor Union General Workers’ Union (hereinafter “instant union”).

B. The part relating to the instant case in each collective agreement and wage agreement of the year 2011 through 2013 concluded by the Defendant with the instant union is attached.

3. The description; and

(hereinafter referred to as the “instant wage payment criteria”) in total.

The Defendant paid the Plaintiffs basic pay, ② bonus (end allowances, fixed-term allowances, physical fitness allowances), ③ fixed-amount allowances (family allowances, special duties allowances, work encouragement allowances, risk allowances, and new establishment in 2013), ④ welfare expenses (fixed meal expenses, household meal expenses, traffic subsidies, and holiday leave expenses) calculated as set out in the instant wage payment standard.

On the other hand, the Defendant calculated only basic pay, special duty allowance, work encouragement allowance, household subsidy, fixed meal allowance, traffic subsidy, and dangerous allowance (from January 1, 2013), as stipulated in the instant wage payment standard, as ordinary wage (hereinafter referred to as “existing ordinary wage”), and paid the Plaintiffs the overtime work allowance, night work allowance, holiday work allowance, and annual paid leave allowance, respectively.

E. On August 13, 2014, the Plaintiffs sent a written peremptory notice to the Defendant requesting the payment of each allowance calculated by including the major holiday allowance, weather allowance, overtime allowance, and physical training expenses in ordinary wages. The said written peremptory notice reached the Defendant around that time.

[Reasons for Recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1 to 8 evidence (including each number), the purport of the whole pleadings

2. Confirmation of ordinary wages which are the basis for calculation of statutory allowances;

A. Among the wages paid to the plaintiffs by the defendant to the plaintiffs, the major holiday bonus, the weather allowance, the overtime allowance, the physical training allowance, and the physical training allowance constitute ordinary wages under the Labor Standards Act by nature.

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