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(영문) 서울중앙지방법원 2018.06.14 2016가단5208450
임금
Text

1. As to KRW 155,166,660 among the Plaintiff and KRW 150,50,000 among them, the Defendant shall pay to the Plaintiff KRW 4,66,66,60 from September 2, 2016.

Reasons

1. Basic facts

A. The defendant is publishing a company with the purpose of publishing and information service business, etc., and publishing an online newspaper “C” as an online newspaper.

B. On November 2014, the Defendant entered into a contract with the Plaintiff for the commission of executives (hereinafter “instant contract for the commission of executives”), and had the Plaintiff take overall charge of relevant affairs, including personnel, business, and organization management of the Defendant’s new media sector and the editing market.

The main contents of the appointment contract of this case are as follows.

7,000,000 won per month shall be paid as remuneration.

Retirement allowances shall apply only when they have worked for one year on the basis of a monthly salary.

(Article 2). The term of validity of the instant commission agreement shall be five years from December 1, 2014 to November 30, 2019.

(Article 5) In the event that the grounds for dismissal under the Defendant’s bylaws and the grounds for non-working failure within the limits recognized by the company, such as occupational diseases, occur, the Defendant may terminate the contract regardless of the period of the contract.

(Article VI(1). If a contract is terminated even after the reasons attributable to the defendant, such as recommendation and discontinuance of the project, a retirement allowance for the remaining period of the contract shall be paid separately.

Retirement allowances shall be calculated as "the average amount of monthly salary (monthly salary) for the three months immediately preceding the retirement x the remaining period of the contract x 0.5."

(Article 6(2). Matters not specified in this Agreement shall be governed by the terms of annexed contracts and the provisions of the Company, and matters not specified shall be governed by the labor-related Acts and subordinate statutes, such as the Labor Standards Act (Article 10).

In accordance with the instant agreement on the commission of executive officers, while the Plaintiff worked as the head of the New Media Sector and as the managing director, the restructuring of the New Media Sector was promoted, and on December 31, 2015, the Defendant entered into an agreement with the Defendant to modify the terms of the instant agreement on the commission of executive officers (hereinafter “instant agreement”), and the main contents are as follows.

Non-standing and concurrent office: The plaintiff shall not work full-time in the company from January 1, 2016.

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