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(영문) 대전지방법원 2019.10.24 2019나100637

임금 등

Text

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.

Reasons

1. Facts of recognition;

A. The Defendant, a company operating a business facility maintenance service business, entrusted the management of E treatment facilities located in the Dong-gu, Chungcheongnam-gu, Dong-gu, Seoul (hereinafter “instant treatment facilities”), from June 201 to June 2016, the Defendant operated the E treatment facilities (hereinafter “instant treatment facilities”).

B. The Defendant’s organization for the operation of the instant disposal facility consisting of three driving teams (organization of one driver’s team and three drivers) and one public service team (organization of one chief of the operation team and two operating team members) under the control of the chief of the operation team and the head of the operation team, the chief of the operation team and the head of the operation team, and the public service team shall work every week; three driving teams shall work every week; three working days every nine days every week (0:00 to 18:00), two days every week (18:00 to 07:0 on the following day) and 20 days every month every one day off.

C. On July 11, 2012, the Plaintiff joined the Defendant’s driving team and retired from office on June 1, 2016 after serving approximately three years and 11 months as the driver or the head of the driving team.

The term of contract and the amount of benefits and allowances entered into between the Plaintiff and the Defendant on April 23, 2013 and April 7, 2016 (Nos. 18, 42-1, 42-4, hereinafter referred to as “instant employment contract”) are as follows: Provided, That the term of contract shall be determined based on the employment contract entered into on April 7, 2016.

The comprehensive wage agreement is stipulated in the Plaintiff’s wage agreement, and the Defendant, during the Plaintiff’s work period, paid the Plaintiff a certain amount of monthly wage calculated by adding the basic pay and the allowances to the monthly wage pursuant to the aforementioned comprehensive wage agreement, and the Defendant also stated the comprehensive wage agreement to the same effect in the employment contract written between the head of another

Article 2 (Term of Contract) The term of the employment contract under this Agreement shall be from February 29, 2016 to June 1, 2016.

Article 3 (Place of Work) Operation and management of facilities under Article 4 (Details of Duties) at the head office and site.