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(영문) 대전지방법원 2015.05.27 2013가단213318

근로에관한 소송

Text

1. The Defendant shall pay to the Plaintiff KRW 7,940,652 as well as 20% per annum from January 15, 2012 to the day of full payment.

Reasons

1. Basic facts

A. On December 31, 1998, the Plaintiff passed the selection test for the Reserve Officers at the Army Research and Training Corps at the Defendant’s rank, and subsequently concluded a contract with the Defendant on January 4, 199 with a private professional manpower service contract or labor contract, and served as a reserve guard for the Army Combat Training Team from January 4, 199 to December 31, 208 (a service contract was concluded in the name of a labor contract from January 4, 199 to December 31, 2008, and a labor contract was concluded in the name of a labor contract from January 4, 2009 to December 31, 201).

B. Terms and conditions of contract for private professional human resources and operational rules regarding the Plaintiff’s business are as follows.

Article 1 (Employment Contracts) Workers agree to provide workers with labor concerning combat command, training and training support for employers, duties specified in the Rules on the Operation of Private Experts, and duties approved by the head of the combat command and training group.

Article 3 of the Regulations on the Operation of Private Experts (Definition of Terms)

3. A school superintendent/control officer who is comprised of a field-grade officer with specialized military knowledge and bicycle racing, and who is in charge of the establishment, dissolution and management of a mother's team for combat command and training, education and training of the mother's team personnel, counter-control, operation of the army, and ex post facto review for the period of contract;

§ 12.1 (Mains of service by books)

C. By the year 2008, the Defendant specified the annual contract amount, 220 days of the annual contract date, and 1 day unit price in the service contract, and specified the wage details by classifying them by item as the basic salary, allowance (timetime, excess, holiday duty), parking allowance, and annual allowance as listed in the following table in the employment contract from 2009.

Meanwhile, the Defendant changed the payment method several times during the Plaintiff’s tenure of office, and paid retirement allowances to the Plaintiff, and the specific details are as follows.

From 199 to 2002, the defendant shall be the plaintiff every month the amount equivalent to 1/12 of the annual contract price calculated by applying the service unit price calculated under the Engineering Technology Promotion Act.