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(영문) 대전지방법원 2015.06.03 2014가단209224

임금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was employed as a local employment contract worker in charge of the field management of the Defendant’s C Construction Site in Kuwait B (hereinafter “instant site”) and worked from February 4, 2012 to February 4, 2013.

B. On-site officers with the authority to employ on-site contract workers, and prepare a labor contract with the on-site contract workers employed in accordance with the working conditions, such as working hours, wages, etc. set by the Defendant.

The Plaintiff was employed and worked as an on-site contracting staff in the instant field as the proposal of the Director D of the On-Site Office, and first, the Plaintiff did not prepare a labor contract and prepared a labor contract on February 20, 2012 (Evidence A 3; hereinafter “the instant labor contract”). The said labor contract was prepared by E by signing the signature column of the Director D.

On the other hand, the labor contract of this case contains the following descriptions as to wages and the period of service.

KD is the monetary unit of Kuwait. (C)

The instant site is permitted only to access the means of transport permitted to protect the military of Kuwait and access to the national security facilities, and the Defendant announced the management department to the on-site management employees, including the Plaintiff, by e-mail the time of withdrawal and withdrawal.

The Defendant calculated wages, holiday work allowances, and retirement allowances on the premise that working conditions, such as wages, against the Plaintiff were determined by the oral agreement between the Plaintiff and D as follows, and paid them to the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 4, 13, Eul No. 10, 11, 17, 18, 25, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff entered into an employment contract with the Defendant under the terms and conditions of 8 hours per day, 6 days per week, and 1,385 KD as stated in the instant employment contract. (2) The Plaintiff pursuant to the said employment contract, 16,620 KD = 12 months’ wages during the said 12-month period.