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(영문) 창원지방법원 2015.08.12 2014가단73971
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Company is a corporation that is established on March 3, 1986 and ordinarily employs 90 full time workers and operates the manufacturing business of heavy equipment parts. The Plaintiff is a worker who was dismissed on May 31, 2013 when he joined the Defendant Company as a management employee and worked as B on November 26, 2004.

B. On December 17, 2004, the Plaintiff drafted an employment contract with the Defendant Company with the following content, and entered into an employment contract with the same content every year in addition to the increase of annual salary to KRW 41,066,260 by December 31, 2010.

1. Employment period: 30,000,000 won from November 26, 2004 to December 31, 2005; or

3. Wages, monthly, hourly, overtime allowances, and all kinds of various allowances are calculated by being included in the annual salary system, and thus no other benefits of any nature shall be paid.

C. On January 1, 2011, the Plaintiff and the Defendant Company drafted an annual salary contract with the following contents, and entered into the same annual salary contract with the same content as the annual salary increase each year (hereinafter “instant annual salary contract”) in addition to the annual salary increase until the Plaintiff retires.

(1) Entrance date: (2) The contract period: from January 1, 201 to December 31, 2011; (3) the total annual salary amount: 45,109,560 won: 45,109,560 won: 45,109,560 won: The total annual salary amount paid monthly in the calculation of the annual salary for the pertinent year; (4) any overtime allowances (basic salary) exceeding the annual salary (basic salary for 12 months) calculated by adding the monthly amount paid each month in the calculation of the annual salary (based on 50 hours a month) (based on 50 hours a month), 2,822,470 won, 936,660 won, 3,759, 560 won and 45,109, 560 won and 2,935, 370 won and 974,130 won, 96,914,00 won.

5.This matter applies only to wages during the above contract period, and all other matters relating to the working conditions and status shall be governed by our rules of employment and regulations.

The parts relating to work hours under the rules of employment of the defendant company shall be as follows:

Article 24 (Time of Work)

1. The working hours shall be five days a week, forty hours a week, and eight hours a day, and Saturdays shall be paid holidays;

E. The defendant company is the creative branch of the Busan Employment and Labor Office.

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