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(영문) 대전지방법원 2021.01.20 2019가합103038

임금

Text

The defendant shall pay to the plaintiff KRW 156,100,000 and KRW 110,100,00 among them, from June 1, 2018, and the remainder of KRW 46,00.

Reasons

1. Facts of recognition;

A. The Defendant is a company that operates general equipment and devices development, design manufacturing, etc.

B. On January 1, 2016, when the Plaintiff received KRW 15,000,00 each month from January 2015 and was engaged in responding to the Defendant’s lawsuit, the Plaintiff drafted a “work contract” (Evidence A No. 1) containing the following contents with the Defendant (hereinafter “instant contract”). The Defendant and the Plaintiff agreed to enter into an employment contract and perform it in good faith as follows.

The term of employment contract: From January 1, 2016 to December 31, 2017.

(b) Work place and work place (department): The defendant's business planning defendant may change the work place or duty after hearing the plaintiff's opinion, if deemed necessary.

3. Hours of work and hours of work in a recess shall be 09:00 to 18:00 (months to that), and the hours of work shall, in principle, be 8 hours a day and 40 hours a week;

However, the fixed extended working time of 12 hours per week is included in the annual salary, and this fixed work is confirmed by the agreement between the defendant and the plaintiff.

At the time of the instant contract (No. 1, the evidence), the period of cancellation was set forth in the Labor Contract No. 1.

The following revocation shall be directed:

Working hours may be voluntarily performed by the plaintiff.

(Ba)

6. Wages shall be comprised of basic wages, legal allowances, etc., and detailed details thereof shall be governed by the rules of employment.

- Monthly payments (including taxes): 15,000,000 daily wages are paid directly to the Plaintiff on the 30th day of each month (for the first day to the last day of the month) (in cash or the deposit account in the name of the Plaintiff).

Performance rates shall be paid through separate consultation.

8. When a person is absent from office without permission or is absent from office for at least three consecutive days on the ground of termination of the labor contract, or is absent from office for at least five days a month, thereby impairing the company’s reputation in breach of the company’s regulations or legitimate order of work, or inflicts loss on the company by intention or negligence.