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(영문) 서울중앙지방법원 2019.11.07 2017가합562931
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a company whose main purpose is to sell native water and cosmetics, etc., and the plaintiffs are employees employed by the defendant and selling cosmetics, etc. at each department store nationwide.

B. The Defendant, including the Plaintiffs, distributed 'groring 'groring 'groring 'the instant guidelines' to the sales staff of department stores, and demanded them to comply with the guidelines set by the Defendant, etc. The instant guidelines specifically specify the Defendant's products to be used for each part of cremation (a, agroring, and a four days) and the method of wearing 'groring 'the instant guidelines'.

C. The Defendant sent mecl and native products, etc. in accordance with the instant guidelines to the Defendant shop of each department store nationwide in proportion to the number of regular employees, and the Plaintiffs, using the pertinent products kept in the store after their work, completed mecl business, etc. in accordance with the instant guidelines, and prepared the opening of the store, such as cleaning.

The plaintiffs' regular work hours prescribed by the labor contract between the plaintiffs and the defendant, the collective agreement between the defendant and the defendant, the employment rules, etc. are 09:30 (However, the regular work hours in the morning are 1.00), and the opening hours in the domestic department stores are 10:30 most.

E. The main contents of the Defendant’s labor contract and collective agreement related to the instant case are as follows.

Labor contract documents

6. Working hours and time to rest;

A. The starting and ending hours of the business may be separately determined according to the characteristics of the business, and in the case of the sales office of the domestic cosmetic business department, the fixed working hours on the day of service shall be from 9:30 o.m. to 00 o.m.

Provided, That the contractual work hours of employees subject to the sft system conducted by the company shall be determined by the sft system.

The main contents of the collective agreement from the defendant 2012 to the 2018, which is related to this case, are substantial.

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