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(영문) 대전지방법원 2019.12.04 2019나100545

임금 등

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. Facts of recognition;

A. From June 201 to June 201, 201, the Defendant entrusted the Plaintiff with the duties of driving, maintaining, and managing the instant disposal facilities in the astronomical City E (hereinafter “instant disposal facilities”) located in the Dong-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City (D) (hereinafter “instant disposal facilities”).

B. The Defendant’s organization for the operation of the instant treatment facilities consisting of the head of the operating team, the head of the operating team, and three driving teams (including one head of the operation team and three operators), and one public service team (including one head of the operation team and two members of the operation team). The head of the operation team and the head of the operation team, and the public service team shall work on a weekly basis; three driving teams shall work on a three-day basis; three-day work on a nine-day basis; two-day work day (0:0 to 18:00 on a one-day basis); three-day work on a two-day work day; two-day work day (18:00 to 07:0 on the following day); and one-day work day on a twenty-day basis of a one-day holiday.

C. From August 27, 2012 to June 1, 2016, the Plaintiff retired from office while serving as an employee belonging to the Defendant’s driving team.

The respective comprehensive wage agreement is written between the Plaintiff and the Defendant on August 27, 2012 and April 7, 2016 (hereinafter referred to as “instant employment contract”) as follows. The Defendant paid the Plaintiff during the Plaintiff’s employment period a certain amount of monthly wage calculated by aggregating the basic pay and the allowances pursuant to the said comprehensive wage agreement. The term of this employment contract under Article 2 (Contract Period), written by the Defendant between the head of another driving team and the driver, written by the Defendant, also with the same purport, shall be from August 27, 2012 to December 31, 2012 (Contract Period) the period of this employment contract under this Agreement from December 2012 to December 31, 2012.

Article 3 (Work Place) The head office and on-site work under Article 4 (Details of Work), Article 5 (Work Hours), Article 5 (Work Hours), Article 5 (Work Hours), and Article 5 (Work Hours), which shall be extended through mutual agreement, and in such cases, Gap (Defendant) shall be legal for overtime work hours.