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(영문) 수원지방법원성남지원 2015.01.07 2014가합5056
배송직외 포장등 전직작업에 대한 무효확인
Text

1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Defendant is an individual entrepreneur who runs the furniture manufacturing business under the trade name of “C” (hereinafter “instant company”), and the Plaintiff is an employee who was employed in the instant company on November 4, 2013.

B. On November 4, 2013, the Defendant, as an employer, should specify the wages, contractual work hours, holidays, annual paid leave, and other working conditions prescribed by Presidential Decree, but was sentenced to the suspension of sentence of a fine of KRW 500,000 on September 19, 2014 for the criminal facts violating the Labor Standards Act that the Plaintiff did not specify working conditions other than wages when concluding a labor contract with the Plaintiff on November 4, 2013. The said judgment became final and conclusive on September 27, 2014.

C. On December 17, 2013, the Plaintiff and the Defendant concluded a new employment contract with the following content (hereinafter “instant employment contract”).

The representative director of the company of this case and the plaintiff agree to enter into an employment contract, and to faithfully implement the following working conditions:

The working place in charge of Article 1: Operation and packaging duties: Members: Provided, That they shall follow the conversion arrangement necessary for the management needs and the characteristics of the company, and the plaintiff shall not raise an objection against the instructions of legitimate conversion of the company.

Article 2 Benefit System ① Gross monthly payment: 1,700,000 won (basic pay) ③ Basic pay is calculated for 209 hours of the company’s contractual work hours, and constitutes ordinary wages.

(5) Monthly wages referred to in paragraph (1) shall be paid when a prescribed working hours and working days are opened, and it shall be paid after calculating the number of days for which a worker fails to work due to absence from work, early retirement, dismissal, etc.

Article 4 (Period of Employment Contract) The term of employment contract shall be from November 4, 2013 to November 3, 2014.

Article 5 (Payment of Wages)

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