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(영문) 수원지방법원 2018.01.25 2017나58977
임금 등
Text

1.The judgment of the first instance shall, upon a request that has been reduced by this court, be modified as follows:

The defendant 27. 27.

Reasons

1. The court of first instance rendered a judgment that only 12,22,630 won of overtime work allowances and retirement allowances and retirement allowances of 12,222,630 won from August 8, 2012 to April 2014 and retirement allowances of 20,345,347, which the Plaintiff sought payment to the Defendant, and only 15,79,246 won of overtime work allowances and retirement allowances of 12,222,630 won from August 2, 2012 to April 2014, and only 15,79,246 won of the rest of the Plaintiff’s claim was dismissed, and only the Defendant appealed against the judgment of the first instance. The Plaintiff also sought payment of overtime work allowances from August 22, 2012 to April 20, 2014 to the retirement allowances of 14,94,340 won from April 25, 2014 to the extent of withdrawal of the Plaintiff’s claim for payment of overtime allowance and retirement allowances.

2. The following facts do not conflict between the parties, or each entry in Gap evidence 7, Eul evidence 1, 2, 14, and 15 may be admitted, taking into account the whole purport of the pleadings:

Around April 21, 1987, the Defendant is a medical corporation operating 90 full-time workers, including 20 guardians, who are patient guards, by opening the “Cpsychotropic Hospital” (hereinafter “Defendant hospital”). From April 21, 2001 to September 30, 2015, the Plaintiff is a person working at the Defendant hospital as a guardian.

B. As the working hours per week under the Labor Standards Act (wholly amended by Act No. 8372, Apr. 11, 2007) were changed to 40 hours after 44 hours a week between the Defendant and the Defendant on April 20, 201, the Plaintiff appears to change to 40 hours a week working hours per week under the labor contract concluded between the Plaintiff and the Defendant.

An overtime allowance shall be for overtime work and overtime work hours.

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