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(영문) 인천지방법원 2018.02.14 2016가단51209

임금 및 퇴직금

Text

1. The Defendant shall pay to each of the Plaintiffs KRW 15,730,566 as well as 15% per annum from November 5, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 1, 2014, the Plaintiffs are the retired workers on June 30, 2016, who were employed by the Defendant Company and worked as security guards of the Nam-gu Incheon Metropolitan City apartment complex C (hereinafter “instant apartment”).

B. From November 1, 2014 to December 31, 2015, the Plaintiffs worked as 24 hours and 24 hours from 7:00 a.m. to 7:00 a.m. on the following day. Work hours were determined as 18 hours and 6 hours (2 hours a.m. and 4 hours a.m.). ② From January 1, 2016 to June 30, 2016, the Plaintiffs worked as 24 hours and 2 hours a.m. from 7:0 a.m. to 7:0 a.m. on the following day; work hours are 16.5 hours and 7.5 hours a.m. (3 hours a.m. and 4.5 hours a.m.).

C. The Plaintiffs agreed to receive monthly salary of KRW 1,698,00 (basic salary of KRW 1,535,240 for night work of KRW 162,760 for night work of KRW 1,535,240), and, if the continuous service period of at least one year is at least one year, 30 days of average wage as retirement allowance per year of retirement.

On the other hand, the sum of unpaid benefits and retirement allowances claimed by the plaintiffs is KRW 15,730,566 per plaintiff (the amount is KRW 14,269,528, the amount of retirement allowances of KRW 1,461,038). If the rest time stipulated in the contract of this case is all recognized as working hours, there is no dispute between the parties to the calculation of the above amount.

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

2. The parties' assertion

A. The plaintiffs asserted that they worked as security guards in the apartment complex of this case, and were unable to freely provide meals and waters beyond the defendant's direction and supervision during the recess hours stipulated in the contract of this case. Thus, the above hours shall be included in working hours, and the unpaid wages and retirement allowances calculated based thereon shall be additionally paid.

B. The plaintiffs asserted that they are free meals and waters during the recess hours stipulated in the contract of this case.