logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.12.11 2018나43547
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. Basic facts

A. The defendant is a company conducting news gathering and reporting business on the Internet, such as entertainment, broadcasting, life, society, etc.

B. On May 31, 2015, the Defendant issued an employment notice online to the effect that “the recruitment of home-based reporters (o, P.M.), career experience, area of work: Newly Inserted by Presidential Decree No. 2000,000, monthly salary of 800,000 (consultation possible), monthly salary of 6 months to one year, working period of 6 months to one year, work day: monthly or gold of 7:0 a.m. to 15 p.m. and 18 p.m. to 01 p.m.”

C. According to the above content, the Plaintiff entered into a contract with the Defendant by supporting the Defendant’s home-based reporter, and prepared an article from June 12, 2015 to September 2016 and provided it to the Defendant. D.

On September 5, 2016, the defendant, including the plaintiff, changed the home-based workers into the part of the company as a result of internal discussions on September 5, 2016.

Operation of home-based work:

9. up to 18.

“The notification was given, and thereafter the plaintiff has retired from the defendant's home-based service.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he had worked as a home-based worker, but prepared articles within a certain working hours according to the amount of duties and duties set in accordance with the guidelines given by the Defendant, and prepared articles under the direction and supervision from time to time by the Defendant, and was the Defendant’s employee who was paid a fixed basic pay in return.

Therefore, the Defendant did not pay to the Plaintiff the basic salary, weekly holiday allowance, night allowance, overtime allowance, holiday allowance, pre-announcement of dismissal, annual allowance, retirement allowance, etc. under the minimum wage under the Labor Standards Act at least. Therefore, the Defendant did not pay to the Plaintiff the amount of the delayed payment of the minimum wage, and accordingly, the Defendant paid to the Plaintiff KRW 2,577,104,269,760,22,69,760,30,300,32,40,000,000 won, 246,105,000 won.

arrow