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(영문) 대구지방법원 2020.10.30 2019가단149068
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is operating a medical care center for older persons under the Welfare of Older Persons Act (hereinafter “the instant medical care center”) in the Gluridong-gun, Gluribuk-gun, the Defendant.

From March 3, 2014 to July 10, 2019, the Plaintiff served as a caregiver at the instant medical care center.

B. Around 2014, the Plaintiff and the Defendant have renewed the contract each year after they entered into the first employment contract. The written employment contract in 2017 states that “The wages are “1530,000 won (including day leave allowances and night work allowances),” “five days per week (excluding day leave) from every week’s day to Friday,” “0:0 to 20:00 for day work,” “12 hours per day” from 09:00 to 08:00 for day work, and “12:0 to 13:00 for day work, 15:0 to 16:00, 18:00 to 19:00 for day work, and operation hours falling under 22:240 to 240,000 to 19:00 for day work, and hours falling under 22:40 to 200:40 for day work.”

However, in the above employment contract, it was clearly stated that "in the case of posting on the leave of absence, there may be changes in the characteristics of the work, and in the case of working hours, the work line shall apply.

C. In the employment contract that the Plaintiff and the Defendant concluded each year, its content was identical, except that the agreed wage is adjusted upward each year in the above employment contract (1.53 million won in the case of 2017, 1.64 million won in the case of 2018, and 1.8 million won in the case of 2019).

The Plaintiff was unable to receive wages, allowances, retirement allowances, etc. from the Defendant after retirement.

For reasons, the Defendant filed a complaint with the Daegu Regional Employment and Labor Office of the Daegu Regional Employment and Labor Office.

According to the results of the investigation around March 17, 2020, the Defendant: “The Defendant paid KRW 824,961 in total to the Plaintiff, including KRW 597,880 for annual salary in 2019, KRW 77,135 for wages in 2019 (Difference with the minimum wage), KRW 149,946 for the Workers’ Day in 2016 and KRW 149,946 for the Workers’ Day in 2017 (the extinctive prescription of KRW 72,306 for the Workers’ Day in 2016 expires, and the Defendant shall pay KRW 752,655 for the Defendant).”

On the other hand, the defendant.

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