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(영문) 대구지방법원 2019.06.28 2018가단135383

수당 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant operated the funeral hall of the Daegu Northern-gu D Hospital Hospital (hereinafter “instant place of business”), and the Plaintiff served as the warden in the instant place of business from September 25, 2009 to December 2016.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The Plaintiff asserted the cause of the Plaintiff’s claim entered into an employment contract with the Defendant 45 hours a week (8 hours from 9:0 a.m. to 6:0 p.m. during the hours from 9:0 a.m. to 6:0 p.m. during the hours from 9:0 a.m. to 3:00 p.m. during the hours from 9:0 a.m., five hours during the hours from 3 p.m. during the hours from 9:0 p.m. to 3:0 a.m. during the hours), 2.1 million won for the monthly salary [10,740 won [i.e., 2., 2.100 won (Agreemental wage) ± 45 hours (average week) ± 4.345 weeks at the instant workplace]; and work at the instant workplace from September 25

During the above service period, the Plaintiff has provided labor by means of staying and waiting in the workplace for 24 hours.

However, the Defendant did not pay the Plaintiff part of overtime allowance, night work allowance, holiday work allowance, annual paid leave allowance, and retirement allowance.

Therefore, the Defendant provided for in the Labor Standards Act to the Plaintiff (excluding the average hours from 6:0 p.m. to 10:0 p.m. from 6:0 p.m. to 9:00 a.m.; 7:0 p.m. to 10:0 a.m.; 7:0 p.m. from 6:0 a.m. to 9:0 a.m.; 7:0 p.m. to 10:0 p.m. for Saturdays); 20,373,920 for night work allowances ( average hours from 10:0 p.m. to 6:0 a.m. during the remainder of the period excluding holidays); 30,749,680 for holiday work allowances (one paid holiday and workers’ day a.m.); 4,467,840 for unused leave allowances; 51,141,260 for retirement benefit allowances (excluding the average wages of each Plaintiff including the above allowances).

) Based on this, the Defendant’s retirement benefits are KRW 64,91,057, and the Defendant paid only KRW 13,849,790 among them), etc. totaling KRW 302,059,880.

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