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(영문) 인천지방법원부천지원 2015.02.04 2014가단29690
임금 등
Text

1. The Defendant calculated 3,036,020 with respect to the Plaintiff and 20% per annum from July 24, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The Defendant is a company running a chartered bus transportation business, and the Defendant, as a driver from August 25, 2012 to July 9, 2014, was driving a large bus as the Defendant’s driver, and retired on July 10, 2014.

B. On August 25, 2012, the Plaintiff entered into an employment contract with the Defendant, and the main contents thereof are as follows.

[Annual Salary Employment Contract] Article 5 (Annual Salary) ① The details of annual salary: Basic Wage 830,000 (Separate Allowances for the news preserving in events) shall be adjusted and settled after the retirement date.

(2) Annual allowances shall be paid up to four times each time by 50,000 won, in accordance with the period of service and conditions of the company.

IX.(Details of Handling Accidents and Other Matters)In the event of additional amounts to more than KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000

amount equivalent to 50% of the amount shall be subsidized by the Company.

(3) The amount of news article charges shall be set as maximum two million won.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Determination as to the unpaid basic pay, excess, holiday, night work allowance, and annual allowance

A. (1) The Plaintiff’s assertion (1) that the minimum wage during the Plaintiff’s period of service on the Plaintiff’s assertion is KRW 4,580 in 2012, KRW 4,860 in 2013, KRW 5,210 in 2014, and KRW 830 in 20,000 in the monthly minimum wage. As such, the Defendant paid only KRW 830,00 in the monthly minimum wage by multiplying the monthly average contractual working hours by 209 hours (=(40 hours in paid weekly working hours 8 hours in weekly working hours) x 52 week (8 hours in weekly working hours) x 1,01 in 20, KRW 1,013, KRW 740 in the monthly basic wage to be paid by the Plaintiff.

Therefore, the Defendant is obligated to pay KRW 23,110,133 [the minimum wage in 2012 x 4.22 months x 12 months x 1,015,740 won in 2013 x 1,08,890 won in 2014 x 6.32 months] of the basic wage to be paid under the Minimum Wage Act and the amount of KRW 4,625,433 in actual amount.

Plaintiff

8 hours a day due to the characteristics of the work.

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