손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff worked for the Defendant Company from July 7, 2010 to September 30, 2010.
B. On April 7, 2011, the Plaintiff filed a civil suit against the Defendant Company seeking payment of the instant allowances on the grounds of the following claims, but lost the Plaintiff on the grounds of lack of evidence as to “the basic salary is 1.7 million won” and “the Plaintiff’s extension of the date and time, night and holiday work” and “the Plaintiff’s extension of the period and time, night and holiday work.”
The Daejeon District Court Decision 201Na48507, 2012Na18791, Supreme Court Decision 2013Da28551, Supreme Court Decision 2013Da28551, Supreme Court Decision 2011 Decided July 1, 201 (hereinafter “former Lawsuit”). The Plaintiff filed a second retrial against the Supreme Court
(Supreme Court Decision 2013Da773, 2016Da1197). “The Plaintiff entered the Plaintiff on the condition of “170,000 won per month of basic salary, KRW 1.6 million per month of transportation, KRW 6,000 per week of working hours, and KRW 444 hours per week of working hours.” Thereafter, the working conditions were changed “basic wage of KRW 1.6 million per month, KRW 1.6 million per month of transportation, KRW 100,000 per week of working hours, and KRW 50,00 per week of working hours.” When applying the extension, night, and holiday and holiday allowances calculated on the basis of the above working conditions during the extended period, night, and holiday hours by the Plaintiff, the Defendant Company is obligated to pay the Plaintiff the monthly wage of KRW 2,167,352, KRW 350, KRW 608, KRW 2080 per month, KRW 3619, KRW 26368,29616).761.
C. On July 27, 2015, Defendant C was issued a summary order of KRW 1 million on the charge of violating the Labor Standards Act, and the said summary order became final and conclusive on August 14, 2015.
(B) On July 2010, Daejeon District Court 2015Da6313). The facts constituting the crime are as follows: (i) the Plaintiff was not prepared and delivered a labor contract; (ii) the Plaintiff was not required to do so; (iii) the 382,794 won of overtime allowance and night work allowance in July 2010; and (iv) the Plaintiff was 127,598 won.