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(영문) 서울중앙지방법원 2019.12.12 2018가합580233
임금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The Defendant is a company that provided the above services from July 1, 2014 to June 30, 2017 after being awarded a contract for security services by the KX Corporation, and the Plaintiffs are employees belonging to the Defendant and engaged in security services, such as inspection, search, etc. at the entrance and exit site.

B. On July 2014, around February 2015, and around January 2016, the wage constituent items of a labor contract concluded between the Plaintiffs and the Defendant stated “items: Operation allowances, amount: 184,440 won, details of calculation: 184,40 won per month waiting time x 1.5 times per month x 1.5 times per month.” As the labor contract was changed on January 1, 2017, the above entry was changed to “items: Operation encouragement allowances, amount: 184,40 won, calculation details: monthly fixed payment.”

(hereinafter referred to as “instant employment contract” in total between the plaintiffs and the defendant). [Grounds for recognition] without dispute, entry of Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 2, and 3, and a summary of the parties’ assertion of the purport of the whole pleadings.

A. The plaintiffs' regular working hours are from 09:00 to 19:00 for weekly working hours, and from 19:0 to 09:00 for night work, the plaintiffs are working at 30 minutes prior to their regular working hours and return to their uniforms. The plaintiffs were educated on the first day of their weekly working hours, and they immediately board a bus for the workplace without any education prior to their initial working hours on the other day, and the waiting time (hereinafter "the waiting time of this case") constitutes working hours under the employer's direction and supervision.

Therefore, the defendant is obligated to pay the plaintiffs wages for the waiting time from each of the plaintiffs' employment to June 30, 2017.

B. The Defendant’s assertion that the waiting time in the instant case was paid to the Plaintiffs the “working allowance” under the labor contract, and thus, there is no obligation to pay additional wages.

Judgment

A. Whether the waiting time of this case constitutes working hours.

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