임금 등
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Defendant Company is an enterprise that mainly produces publications, etc. as its main business. From May 1, 2006 to July 2, 2006, the Plaintiff retired from the Defendant Company’s office while performing the Plaintiff’s duties of contact (scking with machine) as an employee.
B. However, around September 2006, the Plaintiff again started the contact with the Defendant Company as “air-type work”.
C. The contact work performed by the Plaintiff is a machine installed in the factory of the Defendant Company in a space established in the Defendant Company, and is 8P or 16P products which completed the foundation work at the Defendant Company. The above work is conducted in the form of one person’s work. The Plaintiff was engaged in contact at night at the Defendant Company’s factory.
On the other hand, from August 2009, the Plaintiff was insured as the employee of the Defendant company from around 2009, and reported wages of KRW 2,000,000 per month. Accordingly, the insurance premium was fully deducted from the total amount of KRW 2,00,000 paid to the Plaintiff.
Meanwhile, from around 2011, the wage statement for the Plaintiff entered KRW 1,400,00,000 for basic allowances and KRW 600,000 for basic allowances. The Defendant Company directly paid to the Plaintiff in cash the amount exceeding KRW 2,00,000 according to the Plaintiff’s workload.
In addition, on September 1, 2012, the Plaintiff and the Defendant made a written employment contract to the effect that the Plaintiff was working for the Defendant Company from September 1, 2012 to August 31, 2013, and that working hours are paid 150% bonus of KRW 40 hours per week, KRW 8:30:00 to KRW 17:00 per month, and KRW 2,000,00 per month.
E. The Plaintiff retired from office on September 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, 7, 9, 10, 11, Eul evidence Nos. 1, 5, 6, and 7, and the purport of the whole pleadings
2. The plaintiff alleged by the parties provide labor from September 1, 2006 to 20:30 each day from September 1, 2006 to 05:30 each day, and monthly wages are paid in addition to fixed pay of KRW 2,00,000.