(영문) 서울동부지방법원 2019.06.05 2018나2907

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자간(%)

(영문) 서울동부지방법원 2019.06.05 2018나2907

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. The Plaintiff was employed by the Defendant and served from March 20, 2015 to October 31, 2015.

② Workers, including the Plaintiff, worked in the form of a two-time system (12 hours a day) until April 30, 2015, and worked in the form of a four-three-hour system (8 hours a day) from May 1, 2015.

③ On August 20, 2015, the Plaintiff and the Defendant drafted a written employment contract (hereinafter “instant employment contract”). The said written employment contract sets the monthly salary of KRW 1,90,780, which is the basic salary of KRW 209,220 (monthly 209 hours), and KRW 309,220 (monthly 59 hours), and KRW 200,00 per month for vehicle maintenance expenses.

The term “labor contract term” of the instant employment contract refers to the term “the contract term of the instant employment contract is from March 20, 2015 to March 20, 2015.”

④ The Defendant paid to the Plaintiff KRW 1,161,290 as the wage in March 2015, and KRW 3,000,00 as the wage in April 2015.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 9, and the purport of the whole pleadings by the plaintiff 2. The defendant asserted that the plaintiff's wages from May to October 2015 were calculated and paid additional work hours and allowances in accordance with the labor contract of this case, but the wages in March and April 2015 were paid according to the comprehensive wage system of KRW 3 million per month.

The comprehensive wage system, which forms the basis for the calculation of wages in March and April 2015, paid to the Plaintiff, is null and void, and the Plaintiff did not agree to the aforementioned working conditions.

If working hours and allowances are re-calculated pursuant to the instant employment contract, the Plaintiff’s wage in March 2015 shall be KRW 1,236,876, and April 2015 shall be KRW 4,622,604.

Therefore, the Defendant should additionally pay to the Plaintiff KRW 1,698,190, totaling KRW 75,586 ( KRW 1,236,876 - KRW 1,161,290), and KRW 1,62,604 ( KRW 4,62,604 - KRW 3,00,000).

3. Determination

A. Determination No. 2 on the working conditions agreed between the Plaintiff and the Defendant, No. 1, No. 3, and No. 1, No. 3.

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