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(영문) 서울중앙지방법원 2017.11.28 2016나69460
임금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a corporation that employs 200 full-time workers and runs an insurance business, etc.

B. On September 24, 2012, the Plaintiff was employed by the Defendant and worked in the business education division, and worked in the new business division from August 5, 2013, and from May 7, 2014, the Plaintiff served in the compliance monitoring team.

Article 39 (Payment of Allowances) The salary regulations shall apply to the workers outside the hours prescribed in Article 39.

Article 21 (Overtime Work Allowances) (1) With respect to overtime work performed by a comprehensive organization in connection with the company affairs in excess of working hours under the Regulations on Services, an employee shall pay overtime work allowances in lieu of the payment of wages for overtime work overtime under Article 55 of the Labor Standards Act, and the company shall be exempted from the duty of pay in the place of such overtime work.

(3) With respect to overtime services, 50/100 of the basic rate per hour shall be added thereto, and with respect to overtime services and holiday services, 100/100 per hour shall be added thereto.

Article 1 (Definition of Extended Works) (1) A company may request an employee to work during a hours other than regular working hours (9:00 p.m. to 6:0 p.m.) for occupational needs, and may work overtime upon the employee’s consent.

(2) Unless otherwise specifically instructed, all employees shall obtain the prior permission of the relevant superior in advance before engaging in overtime work.

Article 3 (Application of Blanket Wage System) (1) When entering into an employment contract, the company and its employees shall apply the comprehensive wage calculation system that pays a specified amount of overtime allowance in addition to the basic wage in addition thereto.

Article 4 (Definition and Application of Additional Work) (1) Additional Work under this Guideline means work that occurs between 8 non-ordinary summer and 11 p.m., and ordinary work that may be substituted by Article 3 before No. 8 p.m.

(c) The additional work shall be three hours.

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