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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 corporation established to efficiently manage and operate facilities and businesses within the jurisdiction of Gangdong-gu pursuant to the Local Public Enterprises Act and municipal ordinances, and the Plaintiff entered the Defendant’s Corporation on November 9, 2009 and entered into an employment contract for less than one year, and served until January 31, 2014, and was in charge of managing B and C’s on-site facilities from March 1, 2014 to April 30, 2015.
B. From November 9, 2009 to September 30, 2010, the Plaintiff concluded the first employment contract with the Defendant. From January 3, 2011 to November 30, 201, the second employment contract was concluded between February 1, 201 and December 31, 201, and the third employment contract was concluded from February 1, 201 to December 31, 201, and the fourth employment contract was concluded from March 1, 2013 to January 31, 2014, and the fifth employment contract was concluded from March 1, 2014 to April 30, 2015.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 5 (including branch numbers), the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion ① The Plaintiff’s claim for additional wage is a person who was engaged in the management of facilities, not simple B, and the Defendant Company’s rules of employment, and the wage should be paid within 150% of the minimum wage, so at least 130% of the minimum wage should be paid.
Therefore, the Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 20,428,830 (=68,096,100 x 0.3).
② Since the Defendant claiming a rest time did not grant the Plaintiff a rest time, all working hours begin from the start to the end of the work hours. The Defendant is obligated to pay the Plaintiff the unpaid wages of KRW 6,67,680 for 1392 hours during the 58-month period, as the rest time was excluded from the wage calculation.
③ The Plaintiff applied for retirement allowances from November 9, 2009 to April 30, 2015, and the Plaintiff’s first to fourth.