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(영문) 서울동부지방법원 2019.04.25 2018가합426

임금 등

Text

1. Each of the lawsuits filed by the Plaintiff (Appointed Party) and the Appointed C shall be dismissed;

2. The claims of the Appointor D, E, F and G are dismissed, respectively.

Reasons

1. Basic facts

A. The Defendant is a transportation company that runs the passenger and cargo transport business, and the Plaintiffs are the employees who were employed by the Defendant as a maintenance company and were employed on September 1, 2016.

(Plaintiff A was on January 30, 2016; Plaintiff D was on June 15, 1992; Plaintiff E was on October 10, 1997; Plaintiff F was on October 22, 2002; Plaintiff G was on August 12, 1997; and Plaintiff C was on May 1, 2016.

Regular working hours of the employees belonging to the defendant are from 8:30 A.M. to 17:30 P.M.

From 17:30 p.m. to 8:30 a.m. on the following day, the defendant operated the watchkeeping, and made two depotss to provide the watchkeeping service alternately for one office worker and one maintenance worker on two depotss.

As allowances for work on watchkeeping, office workers paid KRW 20,000 won per day, KRW 30,000 per day, and KRW 10,000 for maintenance workers, and the following day was assigned for paid holidays.

C. The Defendant’s 13 workers, including the Plaintiffs, asserted that the Defendant did not pay overtime, night, and holiday work allowances for the watchkeeping, and the Defendant’s representative director was filed with the Seoul Eastern Employment and Labor Office, but the Seoul Eastern Employment and Labor Office concluded the case with “the Defendant’s contents of the Defendant’s work on duty are determined to be low in the density and surveillance and control of his own work, and the contents and quality of the work are difficult to be deemed to be similar to that of ordinary work.”

[Ground for Recognition: Facts without dispute, Gap evidence 1, 4, Eul evidence 1, 3, 9 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The parties' assertion

A. The forms of work on duty performed by the plaintiffs are either the extension of the original normal work or the work quality must be evaluated as the same as that of the ordinary work. Thus, the defendant is obliged to pay overtime, night, and holiday work allowances to the plaintiffs as shown in the attached Form.

B. Defendant (1).