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(영문) 부산지방법원 2017.08.24 2015가단244902 (1)
임금
Text

1. The Defendant’s KRW 29,479,452 as well as the Plaintiff’s annual rate from October 1, 2015 to August 24, 2017.

Reasons

1. Basic facts

A. (1) (i) The Defendant is a corporation that establishes and operates Chigh Schools providing secondary education using 65 full-time workers (hereinafter “instant school”), and the Plaintiff is employed by the Defendant on June 1, 2012 and serves as the head of the administrative office of the instant school, while serving as the head of the administrative office.

9. A person who has served as a director in charge of administrative affairs of a defendant corporation from January 1.

D. On September 1, 2013, the Plaintiff drafted an employment contract (hereinafter “instant employment contract”) with the Defendant corporation, which includes the following:

1. The contract period shall be from September 1, 2012 to August 31, 2013;

2. Working conditions;

(a) The annual wage rate of KRW 40,000 (including all various allowances such as overtime pay) shall be 3,333,333 of the monthly wage rate; and

4. Other matters: The plaintiff and the defendant shall be deemed to have been extended unless they have renewed the contract.

Secondly, the Plaintiff’s duties as the head of the office and director of the Defendant Corporation were the management of the real estate owned by the Defendant Corporation and the management of the real estate owned by the Defendant Incorporated Foundation D (hereinafter “instant Foundation”). By December 2012, the Plaintiff was an overall business related to the construction of the complex commercial building newly built by the instant Foundation and the business related to the lease performed by the instant Foundation, by December 2012.

x. On December 6, 2012, the Plaintiff asserted that the Defendant was unfairly dismissed the Plaintiff, and the Busan Regional Labor Relations Commission filed an application for unfair dismissal with the Busan Regional Labor Relations Commission. On January 14, 2013, the Busan Regional Labor Relations Commission accepted the Plaintiff’s application by deeming that the Defendant dismissed the Plaintiff without due process of dismissal. “Recognizing that the dismissal of the Plaintiff made by the Defendant against the Plaintiff on December 6, 2012 is unfair, it is recognized that the dismissal was made by the Defendant on December 6, 2012, and the Defendant returned the Plaintiff to his former job within 30 days from the date of receipt of the written ruling and paid the amount equivalent to the wages that the Plaintiff could have received if he had worked during the period of dismissal.”

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