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(영문) 서울동부지방법원 2018.01.26 2016가단25295
노임 등
Text

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 school foundation that operates D Middle Schools (hereinafter “D”) and E High Schools (hereinafter “E high schools”) in Gangdong-gu Seoul Metropolitan Government.

B. The Plaintiff interviewed F, etc., the president of the Eat-gu Incheon Metropolitan Government supporters’ association, and served as the Eat-gu student cafeteria from March 1, 2013 to July 31, 2014.

C. On March 1, 2013, the Plaintiff drafted a fixed-term worker employment contract with the Defendant with the following content.

1. Term of a labor contract: From March 1, 2013 to February 28, 2014;

2. Place and details of duties;

(a) Place of service: A student restaurant in the E high-rise area;

(b) Details: Kitter;

3. Working hours and rest hours;

(a) Working hours: From sunrise to Friday 08:0 to Friday, 00-17:00 (day 40 hours per week);

(b) Recess hours: 13:00 to 14:00 (one hour a day). 4. Wages

(a) Payment form: Annual salary system;

(b) Standard days of annual salary: 365 days;

(c) Amount paid: 23,000,000 won per annum.

(d) The items and calculation method of the annual salary: 10,000 won for the compensation for a holiday leave of KRW 21,600,000 on the basis of annual salary ¡¿ 2=200,000: The monthly amount paid: The basic amount for various allowances for the annual salary/12 months (family allowances: KRW 40,000, and traffic subsidies: KRW 60,000): 59,180;

(e) Date of payment: A payment shall be made to the account in the name of the plaintiff designated by the plaintiff on the last day.

5. Holidays and vacations;

(a) Holidays: Holidays shall be Sundays every week, and legal holidays and Workers’ Day (5.1) shall be the paid leave day; and

(b) Leave: It shall grant vacations, such as annual leave, official leave, sick leave, etc., as prescribed by the personnel management regulations of the school accounting personnel;

On March 1, 2014 after the termination of the above contract, the Plaintiff shall be as follows, and “1. Work Period”

4. Having written an employment contract which differs only from the content of the “wages” portion.

1. Term of a labor contract: From March 1, 2014 to February 28, 2015;

4. Wages.

(a) Payment form: Annual salary system;

(b) Standard days of annual salary: 365 days;

(c) Amount paid: 25,400,000 won per annum.

(d) Items and calculation methods of wages: 24,000,000 won per annual salary base amount; 100.

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