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(영문) 서울행정법원 2018.04.26 2017구합82048
업무정지처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(1)The main contents are as follows:

Article 2 (Employment Place and Duties) F and D (hereinafter referred to as “B”) shall engage in the duties assigned by the Plaintiff (hereinafter referred to as “A”) upon employment at the place specified in the personnel announcement of the Plaintiff (hereinafter referred to as “A”).

Article 3 (wages)

1. “A” shall pay “B” wages in accordance with the criteria separately set as the subject of work.

2. The wages referred to in paragraph 1 above are the total amount of wages that include legal allowances, such as overtime work allowances, holiday work allowances, and holiday allowances, taking into account the circumstances in which it is difficult to accurately calculate working hours on overtime and holiday work, and which are not fixed working hours, and consist of:

(a) Basic pay: Monthly wages for the prescribed working hours (209H);

(b) Extension allowances: Maximum overtime allowances, night work allowances, etc., including legal allowances for average overtime allowances, night work allowances, etc., considering the fact that the working hours are not fixed and that it is difficult to confirm the accurate working hours for the overtime work, etc. = (12 hours a week*1.5)* (52 weeks/12 months a week);

(c) Amount of occupational responsibility: salaries determined in order to accomplish the occupational responsibility according to the nature of duties with a view to improving productivity and efficiency;

(d) Job performance rating: Graded payment of a specific amount by individual based on the performance of duties in the preceding year (Provided, That payment shall be made only on the person who holds office as of the end

(e) Regional allowances - Regional allowances - Regional allowances in the domestic site include overtime work and holiday and night work allowances in the region allowances extended overseas.

3.The wages provided for in the preceding paragraph of the payment method shall be paid on the 30th of each month for the work from the beginning of each month to the last day.

Provided, That where the payment date of benefits is a holiday, it shall be paid on the following day.

4. Of the wages referred to in “B”, the following shall be deducted at the time of the payment of the wages:

(1) Withholding tax under the provisions of domestic law. (2) Other amount to be borne by "" shall be the amount under the provisions of Article 4 (Work Hours)

1. It shall be based on 8 hours a day and 40 hours a week and shall perform its functions.

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