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(영문) 인천지방법원 2018.06.20 2015가단233455
임금
Text

1. The Defendant’s KRW 9,814,260 as well as 5% per annum from October 13, 2015 to June 20, 2018 to the Plaintiff.

Reasons

1. Obligation to pay wages;

A. On April 16, 2015, the Defendant was a corporation established for passenger transportation services, etc., and the Plaintiff provided labor to the Defendant Company as an urban bus driver. 2) On April 16, 2015, the Defendant issued an order to transfer the Plaintiff from the Incheon Yeonsu-gu Seoul garage route to the seat line of the Seo-gu Incheon (hereinafter “instant transfer order”).

Accordingly, when the Plaintiff raised an objection and refused to serve on board, the Defendant suspended the Plaintiff from serving on board (hereinafter “instant suspension of serving on board”) on April 18, 2015.

3) On June 17, 2015, the Plaintiff filed an application for remedy of unfair transfer and unfair suspension of work with the Incheon Regional Labor Relations Commission. On June 17, 2015, the said Labor Relations Commission revoked the transfer order and the suspension of work on board within 30 days from the date of receipt of the written adjudication against the Defendant, and determined the amount equivalent to the wages that could have been paid if the Defendant had worked normally for the same period. (iv) On August 10, 2015, the Defendant revoked the suspension of work on board for the Plaintiff.

[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff wages that the Plaintiff would have received while working normally from April 18, 2015 to August 9, 2015, the period of suspension of working on board, which is the Plaintiff’s period of suspension of working.

2. Scope of wages;

A. In a case where an employer’s unfair dismissal disposition is invalidated or cancelled, the status as an employee who intends to be damaged has been continued, and the employee’s failure to provide labor between them is caused by the employer’s cause attributable to the employer, and thus, an employee may claim a payment of all wages that can be received in the case of continuous work under Article 538(1) of the Civil Act. The Supreme Court Decisions 81Da626 Decided December 22, 1981; 81Da626 Decided November 21, 1995.

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