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(영문) 서울동부지방법원 2014.05.02 2012나7375
급여
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

2...

Reasons

1. Basic facts

A. From November 11, 2006 to November 10, 2009, the Plaintiff was employed by the Defendant Company established for the purpose of providing security services, etc. and served as Chigh School security guards.

B. The content of the employment contract signed by the Plaintiff and the Defendant on November 10, 2006 is as follows.

(1) The contract term is from November 11, 2006 to November 10, 2007.

② Monthly salary for the Plaintiff’s total labor is 700,000 won (including basic salary, night work allowance, monthly salary, and annual salary).

(3) The tenth day of the following month shall be paid remuneration for labor from January 1 to the last day of the relevant month.

(4) The Plaintiff’s working hours shall be from 16:30 on the ordinary day to 09:00 on the following day, from 12:30 on Saturdays to 09:00 on Saturdays (including Sundays), and from 09:00 on a holiday to 09:00 on the following day.

(5) In principle, the Plaintiff shall work within the statutory working hours, but overtime work (extension, night, and holiday work) normally required depending on the circumstances of the Defendant shall be deemed to have agreed upon by both parties, and the remuneration therefor shall be paid as night work allowances.

C. The labor contract was renewed on a yearly basis, and the Plaintiff received the salary of KRW 750,000 per month from November 11, 2007.

The term of the contract on November 10, 2008 and the defendant's employment contract (the employment contract of No. 7-2, No. 2007 was not drafted) of the plaintiff and the defendant on November 10, 2008 shall be from November 11, 2008 to November 10, 2009. The same shall apply to the contract under Paragraph (b), except that the wage is KRW 750,000 per month.

(Plaintiff asserts that the date of the preparation of the labor contract was “10 November 2009” and the Defendant changed the term “10 November 2008.” However, it is not clear whether the alteration has been made or not. However, the Plaintiff also acknowledges that the Plaintiff and the Defendant have renewed the contract each year before retirement, and the date of alteration does not affect the conclusion of the instant case, and it is not determined separately). The increase in Plaintiff’s salary is an increase in the term of “work-free.”

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