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(영문) 서울동부지방법원 2017.08.31 2017가합122

해고무효확인 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company that runs multi-family housing management business, security business, etc.

On September 7, 2015, the Plaintiff joined the Defendant and served as a security guard for B hotel (hereinafter referred to as “B hotel”).

B. The main contents of the employment contract concluded between the Plaintiff and the Defendant on September 7, 2015 (hereinafter “instant employment contract”) are as follows.

Article 2 (Work Division and Duties): Security, job category, and class of employees: The monthly salary of the plaintiff shall be paid 1.6 million won (200,000 won for night work allowances) monthly.

(2) The above benefits shall be deemed to have been comprehensively added up the above-mentioned basic wages and various various allowances.

Article 5 (Work Hours and Work Hours) The work hours of the Plaintiff shall be 24 hours per hour, and the work hours shall be as follows:

Article 9 (Application Mutatis Mutandis) of the Labor Standards Act (Article 9 (Application Mutatis Mutandis) shall apply to the other working conditions under the Rules of Employment and the provisions set by the Defendant, unless it violates the Labor Standards Act, such other working conditions as are set forth in Article 9 (Application Mutatis Mutandis) of the Rules of Employment and the Rules of Employment, unless it is contrary to the Labor Standards Act.

b)other than that provided, the current Labor Standards Act and other labor relations laws shall apply to work accidents and shall apply to work accidents in accordance with the Industrial Accident Compensation Insurance Act.

C. In addition, on September 7, 2015, the Plaintiff worked for 24 hours at the Defendant’s hotel site from 07:00 to 07:00 on the following day, the Plaintiff has a mental tension and mental and physical desire in terms of the content and strength of the work, and takes a free rest, such as the one’s water surface during waiting hours and recess hours. These circumstances provide convenience for the above types of work, and thus, the Plaintiff agrees to apply for exclusion from application for surveillance workers (hereinafter “instant written consent”) with his/her name, address, position, etc. written and signed thereon.

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