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(영문) 의정부지방법원 2020.04.23 2019나204754
임금 등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 19,043,418 and its amount on September 3, 2016.

Reasons

1. In the case of recognition-based in-service contract workers: The purpose of Article 1(1)(1)(b) of the Gyeonggi-do Agricultural Technology Institute B to take charge of ginseng, bean plant, and soil analysis assistance; and the purpose of Article 1(1)(2) of the Assistance Act is to pay remuneration for such duties.

Article 2 (Term of Contract) The term of contract under Article 2 (Term of Contract) shall be concluded with no fixed term of contract from May 12, 201.

Article 3 (Remuneration) (1) "A" shall be paid to "B" on a monthly basis by applying the unit price for the adjustment of human part-time by Gyeonggi-do.

(4) Where a “B” serves on a legal holiday or works in excess of the hours prescribed in Article 22 (3), the “B” shall pay the excess service allowance as follows:

1. Holiday work allowance: Payment of 50% bonus per day;

2. Work hours allowance: Daily wage/8 】 150 % payment (work hours) (1) of the duty hours referred to in Article 4 (Work Hours) B shall be from 9:00 to 18 (8 hours).

Article 5 (Applicable Acts) Matters not specified in this Agreement for remuneration, work, and leave shall be governed by the Gyeonggi-do Regulations on the Management of Workers in Arms Contracts and the Labor Standards Act.

A. On May 12, 2011, the Plaintiff entered into a contract with the Defendant, and the Gyeonggi-do Agricultural Technology Institute, an affiliated organization, under which the Plaintiff would work as an inorganic contract worker (hereinafter “instant employment contract”), and worked on May 12, 201.

B. On March 12, 2012, the Defendant notified the affiliated agency of the adjustment of the daily wage rate for indefinite contract workers and fixed-term workers subject to the application of Article 6 of the Guidelines for the Management of Compilation of Local Governments (Ministry of the Interior and Safety Directive). Of the inorganic contract workers, the Defendant newly established the occupation of “testing room assist (chemical drugs, high-risk infectious diseases, etc.)” among the inorganic contract workers, and set the wage unit price as KRW 49,330 and “a simple labor and an ordinary worker.”

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