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1. Of the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) corresponding to the amount of the lower payment order as to the counterclaim.
Reasons
1. The judgment of the court of first instance on the scope of the judgment of this court dismissed both the Plaintiff’s principal claim and the Defendants’ counterclaim claim.
Therefore, since only the defendants appealed against the counterclaim of the first instance judgment, the scope of the judgment of this court is limited to the counterclaim of the defendants.
2. Basic facts
A. The Plaintiff is operating the “F”, a long-term sanatorium for older persons, in Jongno-gu Seoul Metropolitan Government E (hereinafter referred to as “instant medical care center”); Defendant B from June 3, 2016 to June 15, 2017; Defendant C from June 3, 2016 to June 21, 2017; and Defendant D from May 31, 2016 to May 31, 2017 to May 31, 2017.
B. The Plaintiff and the Defendants drafted an employment contract on the three occasions on January 1, 2017 and March 1, 2017, respectively, and the main contents of the last written employment contract on March 1, 2017 are as follows.
The "Labor Type, Work Day/Holiday, Recess Hours, Recess Hours Agreement (Defendants)" refers to overtime work (Extended, Night, and Holiday) under the Labor Standards Act.
The term "B (Defendants)" of a flexible work agreement shall, according to free will, be fully aware of, and agree to, the two week flexible work hours system in order to accelerate work hours under Article 51 (Flexible Work Hours System) of the Labor Standards Act.
C. Meanwhile, a contract of employment signed on January 1, 2017 is most identical except that the monthly salary is KRW 1,530,000 per month, and a contract of employment made on each job-based basis is divided into the form of employment, working hours, recess hours, working hours, recess hours, and wage as follows, and there is no part on the “Flexible written consent of employment”.
Unlike the forms of work under the above labor contract, the Defendants worked for 24 hours and 48 hours of work (from 9:00 p.m. to 9:0 a.m. on the following day) to April 30, 2017, and worked for 24 hours of work (from 9:0 p.m. to 18:00 a.m. on the following day) after May 1, 2017.