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(영문) 서울고등법원 2019.12.20 2018나2058784
임금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. The relationship between the parties 1) On June 27, 2016, the Defendant, a company operating security business, etc., entered into a contract for the management office and security service of the Gangseo-gu Seoul Metropolitan Government O apartment (hereinafter “instant apartment”). (2) Plaintiff D was employed by each Defendant on July 6, 2016, and Plaintiff E was employed by each of the Defendant on July 1, 2016, and performed security and security service in the instant apartment.

B. The Plaintiffs’ form of work and the period of working on the Plaintiff’s daily working hours / Monthly Wage D 3 hours per week, 3 hours per week, 1,576,740 won per week, 1,879,970 won per day during 31 days (1,879,970 won x 26 days/31 days).

From August 2016 to October 10, 2016 " 1,879,970 won from November 2016 to December 12, 2016 " 1,908,430 won from January 2017:

6. "〃 2,042,150 E / Night 2 hours on July 22, 2016 / Night 2 hours on August 23, 2016 to December 23, 2016 / Night 2,487,820 won on January 2, 2017

2. "2,657,540 won up to or around March 2017

6. 18 hours/hours 3 hours per week, 3 hours at night, 2,017,150 won, the number of workers belonging to the defendant employed in the apartment of this case is 26, and 13, respectively, were composed of two groups, and worked in shifts every 24 hours. The plaintiffs also worked in a shooting day (24 hours after working for 24 hours). During the period from July 2016 to June 201, the plaintiffs' forms of work (one day hours and recess hours) and monthly wages (basic pay, night work allowances, and job allowances) received are as listed in the following table.

However, the defendant did not pay holiday work allowances, overtime work allowances, and weekly holiday allowances to the plaintiffs.

C. 1) Approval from November 2006 to the end of June 201 of the apartment of this case as “P”, “P” from around June 31, 2012 to June 31, 2016, and thereafter, the Defendant took charge of each of the security services. 2) “P” from around November 13, 2006 to the head of the Sung-nam Branch Office of the Korea Labor Agency, as to 13 workers working in the apartment of this case from around November 13, 2006.

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