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(영문) 서울서부지방법원 2019.02.19 2018나38007
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. From February 2009, the Plaintiff asserted that, as part-time instructors at C University operated by the Defendant, the Plaintiff was excluded from the lecture of two semesters in 2014, and was refused to renew the contract around August 2014.

Since the Plaintiff served as an employee under the direction and supervision of the Defendant, the Defendant is obligated to pay the Plaintiff retirement allowance. Based on the Plaintiff’s tuition fee per hour (50,000 won per hour, which is the last semester, per semester of 2014), the Plaintiff is obligated to pay 6,428,550 won as retirement allowance according to the average wage for three months excluding the vacation period.

2. Determination

A. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 through 9 (including each number number), the plaintiff worked as part-time instructors at C University continuously from February 2, 2009 to one semester 2014. During the above period, the defendant collected withholding tax from the plaintiff's salary and reported it to the tax office. The plaintiff entered into a contract with the defendant on April 2, 2014 with a part-time lecturer with the term "consumer protection and law" for six hours per week. The term of contract at the time was from March 1, 2014 to July 15, 2014. Article 1(2) of the above contract provides that "where the plaintiff wishes to renew the contract after the expiration of the contract period, the defendant was able to renew the contract as a part-time lecturer at C University 14 years after the expiration of the contract period, referring to the principles of good faith of the plaintiff."

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