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(영문) 대전지방법원천안지원 2020.11.13 2019가합103440
임금
Text

1. The defendant attached Form to the plaintiffs

1. The term “official fee sheet” refers to each of the pertinent money and each of the said money recorded.

Reasons

1. Facts of recognition;

A. The Defendant is a local public enterprise established on October 13, 201 pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of the Facilities Management Corporation in the astronomical City with the aim of contributing to the promotion of the welfare of citizens by efficiently managing and operating facilities and projects entrusted by the astronomical City Mayor.

B. The Plaintiffs are those employed to be converted to life contract workers belonging to the Defendant as of January 1, 2012 after consultation with the Incheon-si after the establishment of the Defendant under the former position of contract workers belonging to the Incheon-si, or who were employed as public contract workers (inorganic contract workers) after January 1, 2012, and are serving in the memorial park and the recycling screening place operated by the Defendant.

C. From March 2016, the Defendant paid extension allowances, holiday allowances, holiday extension allowances, holiday night allowances, and holiday and night allowances (hereinafter “each of the instant allowances”) to the Plaintiffs from March 2016, the Defendant calculated and paid them without including ordinary wages, sanitary allowances, encouragement allowances, and dangerous work allowances, which serve as the basis for the calculation thereof.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 5, purport of whole pleading

2. The parties' assertion

A. The Defendant asserted that the Plaintiffs’ sanitary allowances, encouragement allowances, and risk allowances (hereinafter “each item of this case”) constitute ordinary wages, but calculated ordinary wages and paid each item of this case’s allowances. Thus, the Defendant is obliged to pay the Plaintiffs the unpaid amount of the instant allowances, including each item of this case’s ordinary wages, and damages for delay thereof.

B. On February 16, 2016, the Defendant asserted that, after receiving the written consent of individual workers, the labor-management council was held on February 16, 2016, the Defendant agreed to include in the ordinary wages for indefinite contract workers and fixed-term workers only for 10% of meal subsidies and bonuses, and the employees have received wages without any objection.

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