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(영문) 의정부지방법원고양지원 2015.12.18 2015가단78225

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 Defendant is a company that aims at the cargo transport business and the consistent transport business, and the Plaintiff is a person who retired while serving as the Defendant’s employee from May 17, 2010 to March 11, 2013.

B. The Defendant paid an additional amount of wages and retirement allowances after the Plaintiff’s retirement. ① around September 2013, the Defendant paid KRW 5,983,832, excluding the withheld amount (Evidence 2), ② around July 31, 2014, annual allowances of KRW 1,316,67 per day, reflecting the Plaintiff’s demand, and the total amount of KRW 2,288,082, 266,219, excluding the withheld amount of retirement allowances from KRW 1,316,67,949,552, and KRW 2,266,219,219, excluding the withheld amount of retirement allowances from KRW 1,316,67,949,52, and KRW 365,000,000,0000 (Evidence 5 through 7), and KRW 15,065,000,0000,0050,0000.

(B) No. 6 to 8). 【No. Ground of Recognition】 Facts without any dispute, each entry in Eul-1 to 8 (including virtual numbers) and the purport of the whole pleadings.

2. Determination

A. The summary of the Plaintiff’s assertion 1) The Defendant did not prepare and deliver a written labor contract to the Plaintiff, and, unless there is an agreement under Article 51 of the Labor Standards Act, the Defendant may not allow the Plaintiff to work for more than 52 hours a week. Nevertheless, the Plaintiff worked for more than 22 hours a week from 06:00 to 18:00 of the ordinary day, and not less than 06:00 to 14:00 of the Saturdays, and for more than 62 hours a week from 06:0 to 18:00 of the ordinary day, and for more than 18 hours a week from 06:0 of the ordinary day from 3:0 to 18:00 of the Saturdays, and for more than 58 hours a week from 06:0 of the ordinary day from 0 to 12:00 of the Saturdays. < Amended by Act No. 11306, Mar. 3, 2013>