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(영문) 수원지방법원 2017.12.21 2017고정2091
근로기준법위반
Text

The defendant shall be innocent.

Reasons

(2) On March 12, 2015, 22.5 3,600,000: (a) 1,920,000 25,000 4,000,000 on April 10, 2015; (b) 4,600,000 25.5,00 4,080,000 on May 26, 2015; (c) 4,160,000 25.5 4,080,000 on June 9, 2015; (d) 1,280,000,000 81,280,000 ; (e) E retired from D on June 1, 2015; and (e) 160,000,000 won or more as of June 15, 205 under the above contract; and (e) was paid from D as at night.

(3) According to the wage investigation report by occupation of small and medium manufacturing industry in 2014, the unit price of the contact wage was KRW 73,271 per day as of September 2014.

In principle, the working hours and contractual working hours shall be 40 hours per week.

Labor allowances of KRW 5,00 (9,000 x 0 x 0.5 x 1 x 51 x ) night labor allowances of KRW 5,000 (9,000 x 3 hours x 9,000) night labor allowances of KRW 27,00 (9,00 x 00 x 0.5 x 1 x 2 hours) weekly paid leave allowances of KRW 15,00 (9,00 x 1.5 x 2 hours) daily paid-in hours and amount of KRW 160,00 (72,00 x 345 x 20 days) / daily paid-in daily paid-in hours (9,00 x 1.5 x 2 hours) / 160,000). * “A” refers to the extension of work hours, the number of days of paid-in hours, and the number of days of paid-in daily paid-in hours.”

(4) Meanwhile, from around 2016, D entered into an employment contract with workers who work with the same content as E and F as the daily wage of KRW 1.60,000, which includes the following.

(c)

(1) E/F appears to have not fixed the number of working days due to the characteristics of the work performed in D when working in contact with each other. A certain extension, night, or holiday work is anticipated and accordingly additional work allowances are expected to have been paid in addition to 50 million won per day.

At least KRW 160,000 per day-class 1.60,000 as stipulated in the E and F’s labor contract;

In light of the fact that overtime, night, and holiday work allowances have been separately paid, the sum of the benefits received from D shall be the unit price of the contact wage in 2014.

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