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(영문) 서울남부지방법원 2018.04.03 2017가단233751

임금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff served as an executive officer of the Defendant Company from August 17, 2015 to December 12, 2016.

B. The main contents of the employment contract between the Plaintiff and the Defendant are as shown in the attached Form.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the defendant company worked as an executive officer at the defendant company, and had extended the time from the time to the time of work to the time of night, night, and holiday work according to the officer's schedule. The defendant paid money to the plaintiff below the allowances set forth in the Labor Standards Act.

Therefore, the Defendant is obliged to pay the Plaintiff the remainder after deducting the allowances already received by the Plaintiff from the statutory allowances calculated according to the Plaintiff’s extension, night, and holiday work hours during the period of service.

B. The Defendant’s assertion that the Plaintiff, as an exclusive executive officer, concluded a comprehensive wage contract with the effect that a certain amount shall be paid every month regardless of the working hours, for the work allowances paid in addition to the basic wage, taking into account the difficulty in calculating the actual working hours due to the nature of the relevant work

C. Determination of whether an agreement on the comprehensive wage system was established shall be specifically determined by comprehensively and comprehensively taking into account various circumstances, such as working hours, form and nature of work, unit of wage calculation, collective agreement and employment rules, details of the same workplace, and actual conditions of the same workplace, etc. In an individual case, even if it is naturally anticipated that overtime, night, and holiday work will be performed by nature of work type or work, cases where a collective agreement, employment rules, or wage regulations stipulate that overtime, night, and holiday work allowances, etc. shall be clearly divided into specific items, apart from basic pay, do not constitute the comprehensive wage system, and collective agreements, etc. are concluded.

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