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(영문) 부산지방법원 2019.08.30 2018가단309923
임금
Text

1. The Defendant’s KRW 29,603,370 for the Plaintiff and KRW 6% per annum from July 13, 2016 to August 30, 2019.

Reasons

1. Basic facts

A. The Defendant operated the sprinking manufacturing business with the trade name “D” in Suwon-gu, Busan, and the Plaintiff provided labor by being employed by the Defendant as a salary supply from May 20, 2004 to June 28, 2016.

B. On February 10, 2010, the Plaintiff entered into an employment contract with the Defendant on a daily basis (including a monthly pay, a retirement allowance, and other allowances), and drafted a written agreement on the payment of wage retirement allowances, stating that “The method of calculating the current amount of wages is the total amount of 1/12 months of the monthly pay, which is the amount calculated by adding up the total amount of 1/12 months of the wage pay.”

C. On February 27, 2018, the Busan Regional Labor Administration conducted an investigation into overdue wages, etc. against the Plaintiff, and then prepared a written confirmation of the employer, such as overdue wages of 8,855,533 won, retirement allowances of 21,378,617 won, and unpaid annual allowances of 2,77,760 won, including overdue wages of 33,01,910 won.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7, entry of Eul 1 and 2 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. In light of the following evidence, the determination on the claim for unpaid overtime allowance, weekly holiday allowance, and each of the above evidence, the Plaintiff is obligated to pay the Plaintiff the total amount of unpaid overtime allowance and weekly holiday allowance as shown in the attached Table, barring special circumstances.

3. We examine the determination of the claim for unused annual allowance. According to the above evidence, the plaintiff can recognize the fact that the plaintiff used the three-day paid leave each year. Thus, the calculation of the annual paid leave that the plaintiff used is as shown in the annexed sheet. Therefore, the defendant is obligated to pay the plaintiff a total sum of the annual paid leave that is not used by the plaintiff, barring any special circumstances.

An employee who has acquired an annual paid leave under Article 47 of the Labor Standards Act shall take the annual paid leave within one year from the time when the relevant paid leave occurred.

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