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(영문) 서울남부지방법원 2018.10.05 2017가단14080

퇴직금 등

Text

1. The defendant

A. 17,223,598 won, 3,969,147 won, and 4,248 won to the Appointeds D.

Reasons

1. Basic facts

A. The Defendant is a person who ordinarily employs six workers at a traditional market located in the F in Gwangju-si and operates “G” as a retailer of agricultural products.

B. The Plaintiff and the designated parties entered into an oral employment contract with each Defendant, and entered into the following work hours of 1 A A on April 18, 2015 through 17 August 10, 2015: 63 hours a day of 0.5 hours a day of 0: 0-6 hours a day of 0-6 hours a day of 0: 0-6 hours a day of 0: 0-6 hours a day of 0: 0-8 hours a day of 0-6 hours a day of 10-6 hours a day of 10-6 hours a day of 0: 0-8 hours a day of 0: 0-6 hours a day of 20-8 hours a day of 0-6 hours a day of 20-6 hours a day of 0-5 hours a day of 20-6 hours a day of 20-8 hours a day of 0-6 hours a day of 20-5 hours a day of 20-3 hours a day of 20-day.

【In the absence of any dispute, Gap evidence Nos. 1 and 3, Eul evidence No. 1, witness H and I's testimony, and the purport of the whole pleadings】

2. The parties' assertion

A. The Plaintiff asserts that the Defendant did not pay overtime pay, annual allowance, holiday allowance, retirement allowance, etc. except for basic wages to the Plaintiff and the Selections, and sought the payment thereof.

B. As to this, the Defendant asserts that there is no additional amount to be paid since both the Plaintiff and the designated parties received not only the basic wage in the form of comprehensive wage but also the monthly wage or daily wage in the form of including both allowances and retirement allowances.

3. Determination

(a) The relevant law-based employer of the validity of the comprehensive wage agreement shall determine the basic wage in concluding the employment contract and, on this basis, do overtime work and night work hours depending on the actual working hours of the worker.