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(영문) 대전지방법원 2019.10.24 2019나100835
임금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant, as a company operating a business facility maintenance and management service business, entrusted the management of the E-treatment facility in Yannam-gu, Seoul (hereinafter “instant treatment facility”) located within the Japanese Won-gu, Seoul (D sewage treatment plant) from June 201 to June 2016, the Defendant operated the facility upon entrustment.

B. The Defendant’s organization for the operation of the instant disposal facility consisting of three driving teams (organization of one driver’s team and three drivers) and one public service team (organization of one chief of the operation team and two operating team members) under the control of the chief of the operation team and the head of the operation team, the chief of the operation team and the head of the operation team, and the public service team shall work every week; three driving teams shall work every week; three working days every nine days every week (0:00 to 18:00), two days every week (18:00 to 07:0 on the following day) and 20 days every month every one day off.

C. On February 29, 2016, the Plaintiff joined the Defendant’s driving team as an employee and retired on June 1, 2016 after serving approximately three months.

A labor contract signed on April 8, 2016 between the Plaintiff and the Defendant (Evidence 38-3, 1, 4-4, 12, 31, hereinafter referred to as “instant labor contract”) entered into between the Plaintiff and the Defendant in the comprehensive wage agreement as follows. The Defendant paid the Plaintiff during the Plaintiff’s labor period a certain amount of monthly wage calculated by adding the basic pay and the allowances pursuant to the aforementioned comprehensive wage agreement to the Plaintiff, and the Defendant also entered in the comprehensive wage agreement written between the head of other driving team and the driver with the same purport.

Article 2 (Term of Contract) The term of the employment contract under this Agreement shall be from February 29, 2016 to June 1, 2016.

Article 3 (Work Place) The head office of the headquarters and on-site Article 4 (Contents of Work) the operation and management of the facility shall be based on the principle of work, and the extended work shall be based on mutual agreement.

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