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(영문) 제주지방법원 2017.12.12 2015가단235

임금

Text

1. The Defendant: (a) KRW 25,889,100 for the Plaintiff and KRW 5% per annum from October 1, 2015 to December 12, 2017; and (b).

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff, who is the intention to impose, entered into a wage contract with the Defendant under which the Defendant would serve in Cwon (hereinafter “instant hospital”) operated by the Defendant (hereinafter “instant hospital”). The key contents of the contract are as follows.

Working hours and vacations (1) The working hours shall be 8:6:0 a.m. between 8:0 p.m. and 6:0 a.m. on Saturdays, 8:0 a.m. to 1:0 a.m. on Saturdays, five national holidays as ordered by the defendant's rules of employment shall be closed, one week a.m., and academic meetings or supplementary education shall be agreed upon with prior consent, and

(2) Where it is inevitable for a hospital to engage in overtime work due to its circumstances, it shall be deemed that a comprehensive agreement has been reached on such overtime work.

(1) A monthly amount to be paid shall be KRW 10 million on the basis of mutual agreement.

This contract does not pay retirement benefits under a partnership agreement between both parties under the commercial law. If the plaintiff wishes to receive retirement benefits, the defendant agrees to claim civil damages against the plaintiff under a contract between the parties later under the commercial law.

Incentives shall be based on the annual average sales of KRW 40 million, and if the annual average sales of KRW 10 million have reached the annual average sales of KRW 1,000,000 per year, the full amount of monthly installments among housing subsidies (a security deposit shall be KRW 10 million and KRW 10 million per month) shall be subsidized.

B. From December 19, 2013, the Plaintiff served in the instant hospital and retired from office on December 18, 2014 (hereinafter “service period of this case”).

C. The Defendant did not pay the Plaintiff KRW 10 million for the portion of November 2014 and KRW 5,99,000 for the portion of December 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 11, the purport of the whole pleadings

2. Whether the Plaintiff is a worker

A. The parties’ assertion against the defendant on the premise that the plaintiff himself/herself is his/her employee, including wages, retirement allowances and overtime allowances, courts and agreements.

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