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(영문) 서울동부지방법원 2019.10.31 2018가합114271
임금
Text

1. The Defendant’s KRW 121,200,592 and its weight to the Plaintiff:

(a) As regards KRW 115,700,592, from March 2, 2017:

(b) 5,500.

Reasons

1. Basic facts

A. The defendant is the director of the center who operates the child care center B with the child care center B located in Eunpyeong-gu Seoul Metropolitan Government (current trade name is referred to as "D woman care center," and hereinafter referred to as "the hospital of this case"), and the plaintiff is the child care center and medical specialist who worked in the hospital of this case.

B. From March 24, 2007, the Plaintiff served as a salary at the instant hospital. The Plaintiff started with KRW 8,500,000 per month at the time of entry (hereinafter the same shall apply) and thereafter increased as KRW 8,500 per month from April 2008, KRW 9,000 per month from April 2009, KRW 9,500,000 per month from April 201, KRW 10,000 per month from April 201, KRW 10,000 per month from April 201, and KRW 10,50,000 per month from April 201, from April 201, KRW 10,500 from April 4, 2012, and KRW 10,000 per month from September 1, 2013, and KRW 10,000 per month.

From the time of entry to May 201, the amount of performance according to the delivery of the above benefits was paid additionally, but the amount was paid at a fixed amount without the actual payment.

C. The Plaintiff’s income in 2016 that the Defendant reported to the competent tax office for withholding tax amounting to KRW 173,400,000 in total.

On August 30, 2016, the Plaintiff drafted an employment contract with the Defendant (hereinafter “instant employment contract”). The main content of the instant employment contract is as follows.

The term of employment contract under Article 2 (Employment Contract Period) of the Labor Contract (Medical Specialist) shall be from the date of employment to the date of retirement.

(Employment Date: March 24, 2007) Article 6 (wages) ① Wages shall be paid monthly wage in principle, and shall be paid directly to the plaintiff on the seventh day of the following month after deducting four major insurance and taxes and public charges.

(Calculation Period of Wages: First Day-End Day) (2) The components of monthly salary shall be as follows:

Class 9,163,100 qualification allowances for 3,00,000 annual allowance for 1,50,600 substitution allowances for 1,361,400 substitution allowances for 1,361,400 representation allowances for 15,080 representation allowances for 1,360 representation allowances for 1,360 representation allowances for 15,080 representation allowances for working hours under the Labor Standards Act: This refers to the amount that includes wages for working hours and weekly leave allowances for working hours under the Labor Standards Act.

(209 hours per month).

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