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1. The Defendant shall pay to the Plaintiff KRW 5,049,00 and KRW 561,00 among them 20% per annum from September 15, 2012 to the date of full payment.
Reasons
1. Basic facts
A. The Defendant is a company established under the Special Act on the Assistance to the Development of Abandoned Mine Areas, which was established for the purpose of promoting the economies of the abandoned mine areas with the aim of promoting balanced regional development and improving the living standard of residents
B. On September 24, 2001, the Plaintiff joined the Defendant Company and temporarily retired from office from office from July 1, 2012 to August 31, 2012, and subsequently retired from office desired on August 31, 2012.
C. After calculating the Plaintiff’s monthly average wage of KRW 4,737,820, the Defendant paid KRW 14,213,460 multiplied by the payment rate of KRW 3,00 as retirement allowance, and KRW 113,707,680 multiplied by the payment rate of KRW 24 as retirement allowance.
In calculating a monthly average wage, the Defendant included various allowances (including overtime work, holiday work, night work, etc.) that the Plaintiff received from April 1, 2012 to June 30, 2012, and did not include welfare card expenses.
The Defendant set the monthly ordinary wage at KRW 2,133,00, which is the basis for the calculation of overtime work allowances, etc., and did not include the ordinary wage welfare card expenses.
From April 1, 2012 to June 30, 2012, the Plaintiff worked for 93 hours (including comprehensive recognition hours every month), Saturdays for 13.5 hours, and Sundays for 14 hours.
The plaintiff worked for 40 hours a day, and worked on Saturdays and Sundays, and both Saturdays and Sundays work shall be conducted within 8 hours a day.
In addition, the plaintiff has worked at night on a daily basis for nine hours, which overlaps with the above hours of overtime work, and the rest of six hours is not overlapped.
On the other hand, the defendant should recognize 106.5 hours (93.5) of daily overtime work of the plaintiff during the above period if the defendant deemed the daily overtime work as an overtime work. However, the defendant recognized 104.5 hours which are less than 2 hours by mistake.
- 14 hours of holiday work (recognition only of Sundays work);