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(영문) 인천지방법원 2013.10.10 2012구합5750
임금
Text

1. The Defendant’s payment of KRW 2,714,432 to Plaintiff A, KRW 2,811,230 to Plaintiff B, and each of the above amounts from May 24, 2013.

Reasons

1. Facts of recognition;

A. At the facilities established and operated by the Defendant, Plaintiff A served as the police assigned for special guard from January 9, 2008 to April 13, 2010; Plaintiff B from April 14, 2010 to April 15, 2012.

B. C Facilities are opened from every Tuesday to Sundays (from 9:00 a.m. to 6:00 a.m. on every day), and their monthly holidays were closed. The Plaintiffs worked 48 hours a.m. from every Tuesday to 6:0 p.m. during each service period, on Sundays and every day from 9:00 p.m. to 6:0 p.m. on every day.

According to the Management Regulations of the inorganic Contract Manager (No. 6) at the time of Bupyeongcheon, in principle, the working hours of a inorganic contract worker employed by the defendant shall be at least 40 hours a week and Saturday, and the plaintiffs were appointed as a police assigned for special guard without entering into a separate employment contract with the defendant, and there is no rules of employment in the workplace of C facilities.

C. In paying the Plaintiffs’ remuneration, the Defendant did not pay an overtime work on Sundays as a substitute holiday, and paid an overtime work allowance according to the “work guidelines for local public officials’ remuneration, etc.” established by the Minister of Public Administration and Security (the Minister of Security and Security) only for 4 hours out of the total eight hours from 9 a.m. to 6 p.m. for Saturdays.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they worked for 48 hours a week and worked for 8 hours a week, but the defendant paid overtime work allowances only for 4 hours a week among actual overtime work hours based on the above work guidelines. Thus, the defendant is obligated to pay to the plaintiffs an amount calculated by subtracting the payment of overtime work hours from the actual overtime work hours.

B. Article 6 of the Police Assigned for Special Guard Act and the Enforcement Decree of the same Act.

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