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(영문) 서울고등법원 2016.11.30 2015나2062898
임금
Text

1. The judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revocation is dismissed.

2. The total cost of the lawsuit.

Reasons

The defendant is a company that manages the building on the ground outside Geumcheon-gu Seoul Metropolitan Government (hereinafter referred to as the "instant building").

Around July 2012, the Defendant applied for approval of the Seoul Regional Labor Agency’s employees engaged in guard duties to the head of the Seoul Regional Labor Agency (hereinafter referred to as the “Labor Agency”) on the grounds that they correspond to the “monst workers” under Article 63 subparag. 3 of the Labor Standards Act, which was approved on July 24, 2012, for the exclusion of the application of the provisions on working hours, recess and holidays stipulated in Chapters IV and V of the Labor Standards Act.

On December 28, 2012, the Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and started to serve as security guards in the instant building.

The contents of employment contracts concluded between the plaintiff and the defendant are as follows:

The wage system of Article 1 (wages) of a labor contract shall be an annual salary, and the composition thereof shall be as follows:

1) Total annual salary amount under a contract: 14.4 million won (excluding annual allowances and retirement allowances): 14.4 million won (excluding annual allowances): 300,000 won (annual allowances): Article 2 (Public Notice) (1) The settlement of retirement allowances shall be paid only to persons who have worked for at least one year.

2) The various allowances shall be paid as statutory allowances (such as extended holidays, night duty allowances, etc.) and other company voluntary allowances, which shall be deemed to include all items. 3) The ordinary wages shall be the amount equivalent to 1/12 of the 12th amount, having been paid as the 12th amount of the 12th amount of the 12th amount of the 1st amount of the 1st amount of the

Article 5 (Compensatory Holidays) In accordance with the separate regulations, allowances shall be included in the annual salary of the total contract.

Article 6 (Work Hours) (2) The work hours on the alternate basis shall be from 07:0 to 07:00 on the following day, and 24 hours on the following day.

In such cases, the time of meals shall be included in time to rest.

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