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(영문) 대구지방법원 2018.04.18 2017나306073
임금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiffs are workers employed by the Defendant, who perform patient care, diagnosis, receipt of outpatients, radiation photographing, nuclear medical examination, diagnosis, and administrative affairs.

B. The Gyeongbuk-si Hospital Branch of the Medical Consultative Headquarters of the Public Transport and Services Workers’ Union, which is the labor union to which the plaintiffs belong, was engaged, for about 35 days from November 27, 2014 to December 31 of the same year, and for about 13 days from January 1, 2015 to January 13, 2015, 13 days from January 2015.

C. The Defendant paid part of the wages to the remainder of the Plaintiffs, other than Plaintiff Q, for December 2014 and January 17, 2014, but did not pay a good attendance allowance (hereinafter “instant good attendance allowance”) that was paid in January 2015 to the Plaintiffs who participated in the strike during the period of the strike on the ground that it would be in accordance with the principle of non-labor-free wages.

The main contents of the Defendant’s Remuneration Regulations (Enforcement on December 28, 2012) (hereinafter “instant Remuneration Regulations”) are as follows:

Article 8 (Full-Time Allowances) (1) A full-time allowance shall be paid to full-time officers and employees in accordance with the payment classification specified in attached Table 3 on the date of payment of remuneration for January and July.

(2) A good attendance allowance shall be paid to a person who holds the status of a full-time officer and employee as of the date of payment of an allowance, and whose remuneration is paid from the first day of the month preceding

Article 40 (Calculation Standards) The remuneration calculation shall be from the first day of the month to the last day of the month.

Article 44 (Payment in Reduction of Remuneration) (1) Except as otherwise expressly provided for in other provisions, remuneration for a person who is dismissed, dismissed, or discharged from office among full-time executive officers and employees, or for a person who is under suspension from office, reduction of salary, or removal from position shall be paid in accordance

The reduction of remuneration for a person absent from office under Article 45 (Reduction of Remuneration for Persons absent from Office, etc.) shall be governed by Article 15 of the Hospital Service Regulations.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 7, and the purport of whole pleadings

2. The parties' arguments.

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