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(영문) 수원지방법원안산지원 2019.07.26 2016가단3959
임금지급 및 부당이득 반환 등
Text

1. The Defendant’s KRW 1,973,00 for the Plaintiff and KRW 5% per annum from March 9, 2016 to July 26, 2019.

Reasons

1. Basic facts

A. From December 1, 2005, the Plaintiff provided labor as a worker to the Defendant’s Army Welfare Support Group (amended to the Armed Forces Welfare Group since 2010) affiliated with the Defendant’s Army Welfare Support Group B, and retired on September 23, 2013. The main contents of the labor contract entered into at the time are as follows.

【Labor Contract】

2. Working conditions;

A. Wages: (1) Payment details of annual salary system: 14,69,040 won; and annual salary includes basic salary, job grade allowance, family allowance, meal allowance, transportation expense, bonus, household support expense, regular work bonus, holiday allowance, long-term continuous work allowance (excluding the relevant person) and technical allowances (excluding the current duty allowance, overtime allowance, and annual allowance); (4) Matters omitted from the contract in relation to other Acts and subordinate statutes shall be governed by the Regulations on the Personnel Management of Workers and other labor-related Acts and subordinate statutes.

Article 71 Watchkeeping

1. Watchkeeping shall be appointed by the commander;

2.The main tasks of the officials on duty shall be as follows:

Access control and confirmation of personnel, equipment, vehicles, various goods, etc.

(b) Summary of danger and injury, such as fire and collapse of electric facilities;

Emergency Measures such as small confirmation and removal - Not more than -

3. The commander shall ensure that a worker on duty has a rest for not less than four hours after he/she performs the watchkeeping service.

[Ground of recognition] Facts without dispute, Eul 1, 2, 11, 13, 15, 16, and the purport of the whole pleadings

2. Part concerning claims for overtime allowances on duty;

A. The Plaintiff’s summary of the Plaintiff’s assertion was on duty from January 2006 to September 2013, 2013, even though there was no basis for the duty of watchkeeping, and this constitutes a case where the working conditions are different from the fact.

Therefore, the defendant is obliged to pay night work allowances to the plaintiff in compensation for damages.

B. We examine the judgment, and the provision on duty under the labor contract concluded by the Plaintiff.

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