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(영문) 인천지방법원 2017.05.31 2016나60549

임금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. From April 1, 2012, the Plaintiff retired from office around March 2015 while working as the Defendant’s employee.

B. The Plaintiff and the Defendant drafted each employment contract in 2012, 2013, and 2014. The content of the employment contract in 2013, and 2014 are as follows.

(However, the terms and conditions of the employment contract in 2013 are not submitted. The terms and conditions of the employment contract in 2013 are written.

1. Contract term: From March 16, 2013 to March 15, 2014 (one year) - The basis for both an employer and an employee to renew the contract one month prior to the expiration of the contract.

(Provided, That in the absence of a separate statement of intention between the parties before one month, this contract shall be automatically terminated).

2. Total annual salary amount: 26,00,000 won (monthly payment: 2,00,000 won) - mutual consent that it is difficult to separately and clearly set various allowances, including holiday work allowances, other than basic pay due to the characteristics of the defendant's work, and the total annual salary shall include statutory work hours, overtime work hours, various allowances, and retirement allowances.

- The piece rates based on individual and organizational performance, other than the above annual salary, may be paid separately.

(Interim omitted) Other matters not specified in this Agreement 1) are governed by the Labor Standards Act, the Rules of Employment, and the Regulations. (Interim omitted) Where necessary, the following matters shall be stated in the “Special Agreement”.

Terms and conditions of the employment contract, 2014 ( April 16, 2014)

1. Contract term: From April 16, 2014 to April 15, 2015 (one year) - The basis for both an employer and an employee to renew the contract one month prior to the expiration of the contract.

(Provided, That in the absence of a separate statement of intention between the parties before one month, this contract shall be automatically terminated).

2. Total annual salary amount: 26,000,000 won (monthly payment: 2,000,000 won) - mutual consent that it is difficult to separately and clearly set various allowances, including holiday work allowances, other than basic pay due to the nature of the defendant's work, and that the total annual salary shall be the annual salary;

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