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(영문) 서울중앙지방법원 2018.11.13 2018나10073
퇴직금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. The defendant is a company that operates sports facility business, etc., and operates the skin in Gangnam-gu Seoul Metropolitan Government C building.

B. 1) On November 1, 2011, the Plaintiff entered into an employment contract with the Defendant on the following terms and conditions, and thereafter, the Plaintiff served as the Defendant’s personal radar from November 30, 2014 (hereinafter “instant employment contract”).

(6) Article 1 (Period of Employment Contract) The term of this contract is from November 1, 2011 to October 31, 2012, and the term of the employment contract is automatically extended unless a notice of termination is given 30 days before the termination of the contract. Article 2 (Duty) (1) A person in charge of duties may change his/her duties as a result of the need for his/her duties. Article 3 (Working Hours and Holidays) (2) The Plaintiff’s working hours and holidays shall, in principle, be governed by the standards set forth in the Labor Standards Act and the company regulations: Provided, That a change may occur depending on circumstances: ① (1) 1: 14:00 to 22:30 (Holiday (Holiday 2:00): 12:0 to 19: 000 to 19: 19: 1000 per annum, and the total amount of the annual salary that the Plaintiff receives for one year shall be determined as 10,800,000 won per annum or one year per annum.

(7) An effort and class allowance for business performance shall be in accordance with the criteria separately determined.

(8) When the calculation of retirement allowances is made, it shall be calculated on the basis of the monthly average wage, and it shall be paid at the discretion of an employer or in any other manner other than the monthly average wage.

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