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(영문) 인천지방법원 2015.06.12 2014나14733
퇴직금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The defendant is a company running the taxi passenger transportation business, etc., and the plaintiff is a taxi engineer belonging to the defendant.

B. On April 4, 2011 and November 1, 2011, the Plaintiff entered into each of the instant employment contracts with the Defendant (hereinafter “each of the instant employment contracts”) referring to “labor contracts as of April 4, 201” and “labor contracts as of November 1, 201,” and the main contents of each of the instant employment contracts are as follows.

employment contracts dated April 4, 2011

1. This Agreement shall become effective and automatically terminated for a period of ten (10) months from the date of the contract, except in exceptional circumstances.

3. Hours of boarding a ship to Eul (the plaintiff, hereinafter the same shall apply) shall be ten hours a day including recess hours, and the actual work shall be six hours and forty minutes a day;

[Practical Work Hours: From 04:0 to 10:40 a.m., from 16:0 to 22:40 P.m., respectively, 3:20 p.m. shall be rest time.]

4. A (the defendant, hereinafter the same shall apply) shall pay B the fuel LPG 20 liter for one-time service;

5. B shall arrange for A to have a vehicle loaded on and operate safely, and prevent accidents, and the disposable service commission shall be determined as / [members] members, p.m. [members] members, and day-to-day / [members] members and day-to-day] members, and shall pay to A immediately after the completion of his/her service and enter operational records into such records.

6. Other profits from transportation shall be offset by the wages of Eul, weekly leave allowances, retirement allowances, etc., and shall belong to Eul in full.

8. This Agreement does not require A to pay 4 major insurance, retirement allowances, and Articles 55 and 60 of the Labor Standards Act, provided that A wishes to do so by itself pursuant to Articles 5 and 6, and that B shall not require it.

9. If the quality as a taxi engineer is insufficient when two or more consecutive days of work and when less than twenty-six-six days of work per month or when less than twenty-six-six-six days of work per month without justifiable cause, A may suspend the course of work and take personnel measures against B, and terminate the contract at the judgment of A.

November 1, 2011

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