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(영문) 광주지방법원순천지원 2014.07.04 2013가단14983
부당이득금
Text

1. The Plaintiff, the Defendant (Counterclaim Plaintiff) B, the Defendant (Counterclaim Plaintiff) KRW 9,672,980, the Defendant C (Counterclaim Plaintiff) KRW 10,43,310, and the Defendant D KRW 10,153.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Facts of recognition;

A. The Plaintiff is a foundation that operates the “F” located in the city of leisure and leisure, and the Defendants are those who worked in F as life guides.

B. The Defendants were absent from office on August 1, 201, and the Plaintiff dismissed the Defendants on August 10, 201.

C. The Defendants filed an application for remedy against the Plaintiff’s dismissal with the Jeonnam Regional Labor Relations Commission, and the said commission accepted the Defendants’ request for remedy.

Accordingly, the Plaintiff reinstated the Defendants from October 18, 201. The Plaintiff deemed that the reasons for the application for remedy by the Defendants were that the Plaintiff did not undergo disciplinary proceedings, and again dismissed the Defendants through the regular disciplinary procedure.

E. Accordingly, the Defendants again filed an application for remedy with the Jeonnam Regional Labor Relations Commission, and the Plaintiff reinstated the Defendants from February 6, 2012.

F. The plaintiff filed an administrative litigation against the decision of the above Labor Relations Commission, and in the above administrative litigation, the plaintiff's dismissal disposition against the defendants was justified and the winning judgment became final and conclusive.

G. Although the Defendants did not actually work for the period from August 11, 2011 to October 17, 2011 and from November 23, 2011 to February 5, 2012, the wages that the Plaintiff paid to the Defendants according to the determination of the Labor Relations Commission was KRW 9,672,980 by Defendant B, KRW 10,43,310 by Defendant C, and KRW 10,153,520 by Defendant D.

H. The Defendants worked for 24 hours each time from 9:0 a.m. to 9:0 a.m. on the following day, and the time from 1:0 p.m. to 2 p.m. was time and rest time.

(i) Defendant B was in charge of nine middle-school students, cleaning the rooms of students attending the morning at 9:0, and, if any, placing them in the kitchen as soon as possible (which is separate from those in charge) and arranged clothes that have been finished as soon as possible, and when students attend the school at around 5:6:00 p.m., it is eating and cooking officer.

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