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(영문) 대전지방법원 천안지원 2018.12.20 2018가단102610

청구이의

Text

1. The Defendant’s decision on performance recommendation to the Plaintiff on December 28, 2017, based on the Daejeon District Court Branch Branch Decision 2017 Ghana2216, supra.

Reasons

1. Basic facts

A. The Plaintiff, a main business of which is the environmental purification and restoration business, operated the D Treatment Facilities (hereinafter “instant Treatment Facilities”) in Yannam-gu, Chungcheongnam-gu, Seoul (hereinafter “instant Treatment Facilities”) upon being entrusted from Jun. 201 to Jun. 2016, the Plaintiff operated the D Treatment Facilities (hereinafter “instant Treatment Facilities”).

B. The Plaintiff’s organization for the operation of the instant disposal facility consisting of three driving teams (one driver’s team leader and three drivers) and one public service team (the head of the operation team and two public service team members) under the control of the head of the operation team and the head of the operation team, the head of the operation team and the head of the operation team, and the public service team shall work on a weekly basis; three driving teams shall work on a two-day basis; three-day work on a nine-day basis (0:0 to 18:00), two-day work on a two-day basis; a two-day work day (18:00 to 07:0 on the following day); and a twenty-day work day on a one-day one-day one-day holiday.

C. Article 54 of the Rules of Employment of the Plaintiff, which was amended on September 2012 and enforced in 2013, provides that “An employee’s wage shall be the annual salary system, and the annual salary shall include various allowances, such as overtime work, night work, holiday work, and holiday work, during shift work.”

On March 11, 2014, the Defendant entered the employment contract with the Plaintiff as an employee who belongs to the driving team, and was promoted to the head of the driving team for about eight months after serving as an employee, and retired on June 1, 2016.

E. A labor contract (Evidence 2, No. 26-2) signed by the Plaintiff on April 22, 2015 between the Defendant and the Defendant stated the comprehensive wage agreement as follows. The Plaintiff paid a certain amount of monthly wage calculated by adding the basic pay and the allowances pursuant to the aforementioned comprehensive wage agreement to the Defendant during the period of work, and the labor contract written by the Plaintiff between the head of another driving team and the driver, also includes the comprehensive wage agreement with the same purport.

Article 2 (Period of Contract) The term of the employment contract under this contract shall be from March 1, 2015 to February 28, 2016.