손해배상 등
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 11,377,939 and its weight;
A. As regards KRW 7,465,415, Feb. 15, 2018
1. Facts of recognition;
A. Labor contract and retirement (i.e., the Defendant is a company running a housing construction business, etc., and the Plaintiff is a person who had worked as the chief of a department from November 21, 201 to the Defendant’s legal team (the name was changed to the quasi-legal monitoring team thereafter).
on May 15, 2014, the Plaintiff and the Defendant concluded the annual salary employment contract as follows.
Article 2 (Place of Work and Position) (1) The plaintiff shall work at a place designated by the defendant to work.
(2) The plaintiff's workplace and class of work shall be determined as follows:
Article 3 (Working Hours) (1) The defendant shall, in principle, be eight hours a day and 40 hours a week.
Article 5 (Annual Leave) (2) If the attendance rate of the previous year is at least 80%, the annual leave of 15 days shall be granted.
Provided, That allowances shall be paid by including monthly benefits, but shall be deducted at the time of use.
Article 6 (Composition of Annual Salaries): 8,116,00, 48, 696, 812, 000 of the total annual salary for bonuses of 2,56, 540 973, 920 121, 740 405, 800, 058,000 of the monthly salary for overtime overtime allowances of basic pay: 16,000 48,696,000 56,812,000 (Composition of Annual Salaries) ① Basic pay: 40 hours including working hours of 40 hours and weekly holidays of 8 hours.
(2) Off-time allowances: The overtime allowances shall include the amount of overtime allowances, holiday allowances, night allowances, etc., which are legal allowances under the Labor Standards Act.
(3) Bonuses: The amount of bonuses shall be 200% of the monthly fixed amount.
Fidelity Plaintiff submitted a written resignation on July 16, 2014 and retired on July 31, 2014.
B. The Plaintiff in a lawsuit seeking invalidation of dismissal against the Defendant on the ground that the Plaintiff filed a lawsuit seeking nullification of dismissal and wage claim (Seoul Northern District Court Decision 2016Gahap466, hereinafter “prior lawsuit”) with the Defendant, and on November 15, 2017, “the submission of the Plaintiff’s private staff constitutes a substantial dismissal by a non-voluntary intention” on the ground that “the submission of the Plaintiff’s private staff constitutes a de facto dismissal” on July 31, 2014.