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(영문) 인천지방법원 2017.08.08 2017나2069

임금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Defendant is a person who operates the manufacturing business under the trade name of C, and the Plaintiff is a worker who worked in C from September 10, 2012 to March 20, 2016.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was serving in C at C to 08:00 to 18:00 on the ordinary day, and entered into a labor contract with the Defendant on the condition that the Plaintiff worked on the Triju Saturdays to receive monthly wage of KRW 3,300,000. As such, the Defendant is obligated to pay the Plaintiff KRW 12,458,269,00,000, in total, for the Plaintiff’s work exceeding the said regular working hours during the period from August to February 2016, as the remuneration for overtime work, KRW 5,00 per hour as the remuneration for overtime work and holiday work allowances of KRW 50,00 per day.

B. At the time of entering into an employment contract with the Defendant, the Plaintiff agreed to work for up to 21:00 on Saturdays and to pay monthly pay for both overtime and holiday work allowances at KRW 3,300,000, and the Plaintiff did not raise an objection to overtime work allowances, etc. while working. Thus, it is not reasonable for the Plaintiff to additionally claim payment of overtime work allowances, etc.

3. Comprehensively taking account of the overall purport of the statements and arguments in Eul evidence Nos. 3 through 7, the plaintiff entered into a labor contract with the defendant in the form of a comprehensive wage system including monthly, chemical, wood, gold, from 08:0 to 21:00 (except for break hours), from 08:00 to 18:00, and from 08:00 to 17:00, and from 08:00 to 17:00, and from 17:00, the day of demand, the day of Hojun Island entered into a labor contract with the defendant. The plaintiff set the total monthly wage of the plaintiff as KRW 3,300,00, and the plaintiff set the defendant's total monthly wage as KRW 3,300,000, due to the plaintiff's failure to pay overtime pay, annual leave allowances, bonuses