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(영문) 서울북부지방법원 2017.11.03 2017나1248

노임

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff, under employment by the Defendant (12 regular workers), provided labor from July 28, 2014 to October 7, 2015.

B. After retirement, the Plaintiff filed a petition with the Seoul Northern District Office on the part of the Seoul Northern District Office regarding the delayed payment of wages, etc. (i.e., wages of KRW 2,460,957 (i., wages of KRW 797,350) (i.e., annual salary of KRW 861,230), following an investigation, the labor inspector prepared a written confirmation of the overdue payment of wages, etc. (hereinafter “instant confirmation”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff’s assertion that: (a) during his/her work period from August 2014 to December 12, 2015; (b) holiday allowances of KRW 4,770,018 (= KRW 2,224,930 in 2015); (c) unpaid wages of KRW 2,459,540 ( KRW 2,102,320 in 20,320 in 20 to July 28, 2014 to July 31, 2014); and (c) the Defendant was unable to receive the Plaintiff’s total amount of retirement allowances of KRW 45,70 in 208 in 2015; and (d) unpaid wages of KRW 2,459,540 in 2,450 ( KRW 320 in 20,320 in 20 to July 31, 2014 to KRW 47,207; and (e) unpaid retirement allowances of KRW 3758485,7085,708.

3. Determination

A. In a case where an employer in the part of a claim for overtime allowance or holiday allowance concludes a wage payment contract under the so-called comprehensive wage system with the purport that he/she determines basic wages for workers and pays them in addition to the allowances based on the determination of basic wages. However, in a case where he/she concludes a wage payment contract under the so-called comprehensive wage system with the content that the sum of the allowances is determined as monthly wage or daily wage, or that he/she pays a certain amount as the allowance, without calculating the basic wages in advance, in light of the working hours, the form of employment, and the nature of the work, etc.,