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(영문) 부산고등법원 2019.11.06 2019나50017
임금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. In the first instance court, the Plaintiff sought payment of money in the name of the basic pay, unpaid overtime allowance, and closure allowance payable to the Defendant. The first instance court partially accepted the claim of money in the name of the unpaid overtime allowance and closure allowance, and dismissed the claim of the unpaid basic pay.

For this reason, the Defendant appealed against the claim for unpaid overtime allowance and money in the name of closure allowance, and thus, the subject of this Court’s adjudication is limited to the claim for unpaid overtime allowance and money in the name of closure allowance.

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the first instance, and thus, citing it by the main text of Article 420 of the Civil Procedure Act.

3. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff engaged in overtime work 292 hours in the instant dental clinic. The Plaintiff’s hourly ordinary wage of KRW 67,95 = Monthly wage of KRW 13 million ± [(8 hours paid holiday during a week 36 hours) ± (365 days ± 7 days) ± 12] . Thus, the Defendant calculated the hourly ordinary wage of KRW 29,781,818 in total to the Plaintiff (=292 hours x 67,95 x 1.5) 1) by calculating the hourly ordinary wage of KRW 29,781,810, and KRW 810 in total to the Plaintiff.

such overtime allowance shall be payable.

However, the defendant issued only a merchandise coupon of KRW 6 million to the plaintiff, and did not pay the remaining overtime allowances to the plaintiff.

Therefore, the Defendant is obligated to pay the said unpaid overtime pay to the Plaintiff KRW 23,781,818 (=29,781,818) - 6,000,000).

2) The Defendant’s totaling KRW 24 million per month from March 2, 2016 to the Plaintiff with the Plaintiff’s medical fees, etc. that the Plaintiff closed down the Franchis department and donated medical equipment (=one million won) x 24 months.

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