(영문) 서울남부지방법원 2014.12.31 2014가단14294

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Reasons

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(영문) 서울남부지방법원 2014.12.31 2014가단14294

용역비

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the Plaintiff’s claim

A. On March 3, 2008, the Plaintiff entered into a standard labor contract with Nonparty B’s elementary school (hereinafter “Nonindicted school”) on a short-time basis with the content that he/she will be in charge of the business of cleaning toilets and cleaning the corridor in the school (hereinafter “instant employment contract”) and performed the duty of cleaning at the said school until February 28, 2014.

B. According to the instant employment contract, the Plaintiff is determined to work for 2 hours or 2 hours or 30 minutes a day, but the Plaintiff actually worked for a non-party school for more than 5 hours or 50 minutes a day’s average during the said contract period.

C. (1) A retired employee who was engaged in the same business as the Plaintiff in February 2008 at a non-party school was paid KRW 50,000 per month on the condition that he was engaged in the toilet cleaning for 2 hours and 20 minutes, but the Plaintiff was paid a lower amount until February 2012. As such, the Defendant is obligated to pay KRW 3,176,140 (the sum of the monthly salary calculated by deducting the amount of salary actually paid by the Plaintiff from the amount of KRW 550,00 per month) by the sum of monthly salary that the Plaintiff was not paid during the period from March 208 to February 2012.

(2) As the Plaintiff served in excess of the average of 5 hours and 50 minutes a day from March 2008 to February 2012, the Defendant is obliged to pay the total of 40,057,920 won of the overtime work allowances.

(A) In addition, the Defendant is obligated to pay the unpaid amount of 3,600,000 won (the average amount of wages for the last three months x 6 years) of the Plaintiff’s retirement allowance.

(Claims for Retirement Allowances). 2. Determination

A. Although the Plaintiff sought payment of the difference between the amount actually received from the non-party school and the amount of KRW 550,000 per month for which the former employee was paid, the non-party school did not have any legal basis to guarantee the same monthly salary as the former employee and did not reach the Plaintiff.

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