근로에관한 소송
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts are companies aimed at tourist accommodation business, tourist-use facility business, etc., and the Plaintiff was working as the head of the cooking team from October 10, 2016 to May 28, 2018 at the hotel operated by the Defendant (hereinafter “instant hotel”).
On October 10, 2016, the Plaintiff entered into a labor contract with the Defendant with the following major contents:
(hereinafter referred to as the “instant employment contract”). Taking into account the special characteristics of the following positions between the members and the Defendant, the parties agree to enter into a separate employment contract under a separate condition and implement it in good faith without being referring to the position system and the benefits system in other positions.
1. Director: The leader of the cooking team;
2. The affairs in charge: The overall management of cooking teams;
3. Employment place: Plaintiff C.
4. Contract term: (1) Contract term shall be from October 1, 2016 to one year;
(hereinafter omitted)
5. Wages shall be the annual salary system;
5-1. Total annual salary: 47,00,000 won 5-2.1 The details of annual salary and payment method 1) The ordinary wage, which is the basis of the calculation of overtime work, night work, and holiday work, shall be the index of an amount calculated by dividing the monthly wage of the annual salary by the prescribed working hours (209 hours) of the total monthly wage of the annual salary. 5-3. Benefits 1 excluded from the annual salary, 5-3. School expenses, vacation expenses, Kimchip, night duty allowances, and variable allowances are not included in the annual salary;
Monthly oil expenses of KRW 300,000 shall be subsidized for KRW 50,000 (based on deposits in passbook).
2) The number of days of annual leave and annual leave allowance shall be under the Labor Standards Act, but the number of days of annual leave shall be managed in accordance with the work situation of the department concerned, and any separate unused leave allowance shall not be paid if the company promotes the unused leave in accordance with the annual leave promotion system. 3) Statutory leave allowance shall be paid. The recognition of hours outside the department’s working hours shall be reported to the superior according to on-site circumstances, and if necessary, the remaining work and holiday work may be paid, and the allowances may be paid.
company's business needs.