logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.10.13 2015다219665
임금
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. On the ground of appeal No. 1, based on its stated reasoning, the lower court determined that, from the date of December 2009 when the wage agreement entered into between the instant trade union and the Defendant in 2009, the Plaintiff et al. entered into with the Defendant, more than half of the total street cleaners, and the cleaning vehicle drivers, who were employed in Jeju City until December 201, immediately before the entry into force of the wage agreement entered into force with the Defendant.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on Article 35 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”).

2. On the ground of appeal No. 2, the lower court determined that the cleaning vehicle driver and street cleaners of the new organization constituted workers of the same kind as defined in Article 35 of the Trade Union Act, on the grounds as indicated in its reasoning

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misunderstanding the legal principles on Article 35 of the Trade Union Act.

3. On the ground of appeal No. 3, the lower court, based on its stated reasoning, determined that the holiday bonus stipulated in each of the instant wage agreements constituted ordinary wage paid fixedly as the price for contractual work.

Examining the record in accordance with the relevant legal principles, the lower court’s aforementioned determination is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on ordinary wages.

4. Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

arrow