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(영문) 대전지방법원 2021.01.14 2019가단115492
임금
Text

1. The Defendant’s KRW 25,722,602 as well as the Plaintiff’s KRW 5% per annum from September 22, 2020 to January 14, 2021.

Reasons

1. Basic facts

A. The Defendant is a school foundation that employs 73 full-time workers and operates C University, etc., and the Plaintiff was employed on November 1, 2014 by the Defendant’s employment support team team leader as a proxy.

B. On November 1, 2014, the Plaintiff entered into a labor contract with the Defendant for a one-year term of employment with the following terms:

At the time of the conclusion of the above employment contract, the Plaintiff and the Defendant, in addition to the Plaintiff’s basic salary, paid the amount of 43,220,000 won, including the Plaintiff’s annual salary at an average of 30 hours per month agreed between the Plaintiff and the Defendant, and the monthly wage at an average of 8 hours per month, and the amount corresponding to 1/12 of the above annual salary (3,601,66 won, and down to KRW 3,66) on the monthly salary day.

1. Occupational categories and duties in charge: Contract positions, employment guidance, consulting, etc.;

3. Fixed working hours: The fixed working hours of the accused shall be forty hours a week, and eight hours a day;

6. Weekdays: Sundays.

7. Leave: The service regulations of school personnel and the rules of employment of this university shall apply to the annual paid leave; and

9. The term of the labor contract: The term of the labor contract maintenance period is from November 1, 2014 to October 31, 2015.

Where a contract is not determined before the expiration of the contract period, the labor relationship shall be automatically terminated according to the contract period.

(c)

On November 1, 2015, the Plaintiff concluded a new contract with the Defendant to re-enter the amount of annual salary of KRW 44,516,520 (the amount equivalent to 1/12 of annual salary shall be KRW 3,709,710), as the main content of the contract is the same as the above labor contract, and the contract term is from November 1, 2015 to October 31, 2016.

With respect to labor from January 17, 2016 to October 10, the Plaintiff received wages of KRW 3,579,710, the monthly salary of KRW 130,000, family allowances of KRW 130,000, and KRW 4,289,710, which is a salary from the Defendant around the 17th day of each month.

(d)

On October 31, 2016, the Defendant notified the Plaintiff that the working period expires (hereinafter “instant dismissal”).

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