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(영문) 광주지방법원 2015.07.17 2015나50367
임금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(b) the facts of the basis;

A. Around December 2011, the Plaintiff concluded a labor contract with the Defendant with the following content.

An employer and an employee who are the parties to a labor contract shall faithfully observe the Labor Standards Act and the Regulations on the Management of Fixed-Term Workers in the High interest Military, and enter into an employment contract according to the following working conditions:

2. Working conditions;

(a) Place of employment: A place for screening recyclables (a) A place for screening recyclables (a department under its jurisdiction shall be an environmental forest division);

(b) Occupational categories:

(c) Wages: 41,000 won per day (daily transportation expenses of 38,000 transportation expenses of 2,000 simple transportation expenses of 3,000);

D. Contract period: From December 1, 2012 to December 1, 2012

(e) Working hours: 40 hours a week (8 hours a day * 5 days);

(f) Matters of special agreement:

(g)other working conditions not specified in this Agreement shall be in accordance with the Labor Standards Act, the Employment Regulations and the ordinary practices.

B. On January 2, 2012, the Plaintiff entered into an employment contract with the Defendant with the same content as above. Around January 2, 2013, the Plaintiff again entered into an employment contract with the Defendant for the period of 44,000 won per day and the contract period from January 1, 2013 to December 31, 2013.

(hereinafter referred to as “each of the instant employment contracts” that the Plaintiff and the Defendant concluded.

From December 1, 201 to December 31, 2013, the Plaintiff was paid KRW 45,707,720 on the basis of the basic salary rate of KRW 41,000 per day ( KRW 44,00 for year 2013).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 3, the purport of the whole pleadings

2. The assertion and judgment

A. Article 11 of the Rules on the Employment and Service of the Plaintiff’s Claim for the Employment of the Street Cleaners in High Interest Group provides that the act of selecting recycled products and treating them separately by type shall be regarded as the work of the

Plaintiff

In addition, since the business of selecting recyclables such as other street cleanerss, wages should be paid according to the principle of the same wage for the same work.

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