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서울중앙지방법원 2019.05.23 2017나34324
임금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, respectively.

Reasons

1. The defendant is a company that has been engaged in mining business, etc., and has mined a smoke, etc. by acquiring mining rights and mining concessions from the Gancheon-gun I in the Gancheon-gun in the Gancheon-gun.

From June 2010, the defendant ordered J, K, L, and M to give successive contracts to mine mining.

Plaintiff

The rest of the plaintiffs and net C except P and Q (hereinafter referred to as the "Plaintiffs") are mining parts, who were employed in J, K, L, etc. as the Defendant's subcontractor and retired from employment. The period of their employment and the details of their subscription to employment insurance are as follows:

1. The term of the employment contract: From August 24, 2012 to the time the construction work of the ordering agency is suspended;

2. Place of work: Mining;

4. Working hours and break hours: Up to 08:00 to 16:00 (up to 16:00 to 24:00) A (K) may, if deemed necessary, extend working hours by up to 12 hours a week in consultation with B (Plaintiff A).

5. Labor Day and holiday work day: Week (days to Saturday): Week and Workers’ Day (days every May 1);

7. Daily wage rate: 110,000 won bonus of 110,000 won: Other benefits that are nonexistent: Basic amount of 36,000 won that are included in daily wage, and ordinary wage of 61,800 won: The wage calculation period from 17th day of each month (on the preceding day in cases of holidays): From the 1st day of the preceding month to the end of

8. Matters not stipulated in this Agreement shall be governed by the Labor Standards Act and the Rules of Employment.

Plaintiff

A The main contents of the employment contract entered into with K are as follows:

(Except for the difference in the amount of basic wages and ordinary wages for each plaintiff, the terms and conditions of other contracts shall be replaced by that of the plaintiff, and thus, the terms and conditions of the plaintiff A's labor contract shall be representatively stated). 1. The term of the labor contract: April 10, 2013 to the suspension of the work of the ordering agency.

2. Place of work: Mining;

4. Working hours and recess hours: Up to 08:00 to 16:00 (up to 16:00 to 24:00) (up to 16:0 to 24:00) where deemed necessary, Eul (Plaintiff A).

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