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(영문) 서울서부지방법원 2020.01.10 2019나33511

퇴직금

Text

1. Of the judgment of the first instance, the lower court against the Defendant (Counterclaim Plaintiff) that ordered payment in excess of the following amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company running crew and airport ground-based private teaching institutes (hereinafter “instant private teaching institutes”) on the 5th floor of Mapo-gu Seoul building and the 5th floor.

B. On June 1, 2012, the Plaintiff entered into the annual salary contract with the Defendant (hereinafter “instant annual salary contract”) with the following terms (A is the Defendant, and B is the Plaintiff), Article 1 of the annual salary contract [contract period] (1) labor contract period from June 1, 2012 to May 31, 2013.

(2) The initial member shall have three-month period after his/her employment.

Article 3 [Types of Work, etc.] Work by Workers shall be on the ground, and job types shall be counseling service.

Article 4 [Working Hours, Rest Hours, etc.] ① Work Hours: Week: 10:0 to 19:00 (Working Hours: One-hour Work Hours): From 10:00 to 15:00 (Working Hours: One-hour Work Hours): 2 Hours: Article 5 [wages, etc.] ① The annual salary of Eul consists of basic pay and bonus, and detailed details are as follows:

The details of bonuses of the basic salary (unit: prime level) composition of bonuses shall be in accordance with the table of calculation of bonuses of 1 (the following chapter) attached hereto for the agreed working hours of the basic salary class.

O/T allowances of 95,041 annual allowances of 41,322, as an OT (Extended and Night Holidays) allowance of 1,000,000 basic salary to be paid in 41,322, and as an OT (Extended and Night Holidays) allowance of 23 hours per month in addition to contractual work hours under Article 4(1).

(3) A performance-based incentive may be additionally paid in addition to the contracted annual salary.

(4) Wages shall be paid in the designated account of B on the 15th of the following month for the last day of each month.

Article 6 (Monthly Annual Leave) (1) The number of days of annual leave and monthly leave shall be in accordance with the Labor Standards Act.

(2) Although the annual monthly allowance is scheduled to take place as provided for in Article 5, the right to request leave is not restricted on the ground of the advance payment of the allowance (the deduction of annual or monthly allowance from the monthly wage when using the leave). Article 7 / [Retirement Allowance]

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