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(영문) 의정부지방법원 2019.05.16 2018나208841
임금 등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On May 200, the Plaintiff entered as the consignment contract of C Co., Ltd. (hereinafter “C”) and worked as the inspector. Around September 2009, the Plaintiff passed the full-time conversion examination and was converted into class 6 regular employees.

B. Non-regular inspection personnel in C were transferred to 7th class regular employees according to the company's conversion policy on June 2012.

C. After that, as the Defendant Company received the business affairs of the sports headquarters D from C on July 31, 2012, more than 30 personnel belonging to the above region including the Plaintiff were employed by the Defendant Company after withdrawal from C, and accordingly, the Plaintiff had the Defendant Company serve as the inspector from August 1, 2012 to December 31, 2014.

The Plaintiff, while joining the Defendant Company, was paid the wages in accordance with the Defendant Company’s wage payment standards, and the “monthly wage” was based on the Defendant Company’s remuneration standards (including the remuneration system, etc.), and the composition of the monthly wage was to comply with the Defendant Company’s remuneration regulations.

E. Unlike C, Defendant Company did not have a separate class system, and in C, a person who worked as a full-time inspection personnel of Grade C as an employee (B) class, and a person who worked as a full-time inspection personnel of Grade VII as a full-time inspection personnel of Grade VII was classified as an “employee transitioner” class, and the wage payment standard differs. The main contents of the Defendant Company’s remuneration standard (Evidence B No. 3) are as follows.

Article 3 (Determination of Remuneration) (1) The remuneration of employees shall be determined as follows:

1. The annual remuneration of employees employed by a company by succession to employment by a company (hereinafter referred to as "previous company") prior to acquisition of a business in accordance with a contract, etc. entered into with an ordering person shall be determined based on the annual total amount of remuneration paid by the previous company for the latest one year;

F. Meanwhile, in the Defendant Company, the wages of employees were composed of basic pay, management allowance, performance allowance, relay allowance, and annual allowance.

The inspectors of the D area to which the Plaintiff belongs are located.

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