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1. The Defendant stated the “request amount” column for each Plaintiff among the “total sum table of claim amount” in attached Form 4 to the Plaintiffs, and the same.
Reasons
1. Basic facts
A. The defendant is a company that runs passenger transport business.
The plaintiffs have been employed as a pilot of cross-country bus or urban bus driving service on the date of entry in the column for each plaintiff's "period of service" in attached Table 1.
B. Article 7 of the Wage Agreement, which applies from July 1, 2013, concluded a wage agreement pursuant to a collective agreement (hereinafter “wages agreement”) with the Jeollabuk-do Bus Transport Business Association and the Korea Automobile Workers’ Union, and Article 7 of the Wage Agreement (city buses, cross-city buses, and cross-city buses) that applied from July 1, 2013, prescribed the following relevant matters:
Article 7. The company for welfare expenses shall pay the room and board expenses, annual beginning expenses, locking expenses, drinking expenses, and travel expenses, in addition to the wages, under the pretext of welfare expenses for welfare expenses.
C. The Defendant paid KRW 14,00 per day to all drivers who provided labor, and KRW 13,50 per day to urban bus articles according to the number of days of attendance at work under the pretext of welfare expenses.
On the other hand, if the aforementioned daily expenses are included in ordinary wages, the daily expenses, hourly ordinary wages, and the details of additional allowances to be paid are as follows: “the details of calculation of the difference in allowances” by the Plaintiff 2, and the additional bonuses are as indicated in the “Difference in bonuses” by the Plaintiff 3.
[Ground of recognition] 1 to 10 evidence A (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiffs asserted 1 of the parties concerned calculated and paid allowances and bonuses on the basis of the basic rate stipulated in the wage agreement.
However, the daily allowance paid to the plaintiffs constitutes a fixed wage regularly and uniformly paid as compensation for work, and includes the ordinary wage under the Labor Standards Act.
Therefore, the defendant shall pay to the plaintiffs the remaining money except the allowances and bonuses already paid by the defendant from allowances and bonuses calculated on the basis of hourly ordinary wages, including daily expenses.