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(영문) 서울동부지방법원 2018.05.23 2017나23709
임금
Text

1. From July 4, 2017, regarding the Plaintiff’s KRW 5,049,176 and KRW 3,847,520 among the judgment of the court of first instance against the Defendant.

Reasons

B. The Plaintiff, who entered the Defendant on November 7, 2013 and entered the Defendant’s workplace and retired on July 25, 2015.

B. From November 7, 2013 to February 28, 2015, the Plaintiff worked for the Defendant from November 7, 2015 to February 28, 2015, and from March 1, 2015 to July 25, 2015, the Plaintiff changed the hours of Sundays only from March 1, 2015 to July 25, 2015 to 19:00 to 03:00 on the following day.

C. Meanwhile, on November 7, 2013, the Plaintiff prepared a labor contract containing the following contents with the Defendant, and the Plaintiff is deemed to include night work and overtime work allowances every two hours a week in the “time allowance” and “excess work allowance” under the said labor contract.

Work hours: 21:00 to 05: 00 x 05.00 - Part 1 of the wage composition item of the Guide rest hours (Article 29 of the Rules of Employment : Night allowances: 839,50 won: 419,770 won: 419,770 won per year: 500% per year under item (i)(ii) : Payment period : The following is paid: 50% per year. 50% per year (6 months), 50% per year (6 months), 50% per year - Other 25% per year - Other 25% per year (including allowances, etc.). 102, 360 won: 22,636,760 won paid in January 360.

D. The Defendant paid 3,342,376 won as retirement allowance to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 to 8 (including each number), the testimony of the witness C at the trial and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The summary of the parties’ assertion (1) The Plaintiff’s summary of the Plaintiff’s assertion served 48 hours a week 8 hours a day without recess hours while working for the Defendant. As such, the Defendant paid the Plaintiff overtime and night work allowances for 8 hours a week exceeding the standard working hours per week under the Labor Standards Act (40 hours per week) with the exception of the part paid by the Defendant (2 hours).

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