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(영문) 부산지방법원 2019.12.18 2019나49427
임금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 8, 2007, the Defendant obtained approval from the head of the Busan Regional Labor Office from the head of the Busan Regional Labor Office for exception of the provisions on working hours, recesss and holidays stipulated in Chapters IV and V of the Labor Standards Act (hereinafter “approval of exemption from application of this case”), and there is no change in the form of work or the number of workers thereafter, on the condition that the Defendant would pay night work for 24 hours in shooting days and 24 hours in the form of surveillance work.

B. On November 23, 2015, the Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”) and served as the security guard of the Busan East-gu B Apartment (hereinafter “instant apartment”) according to the instant employment contract.

(Period of service: from November 23, 2015 to November 22, 2017, / From February 13, 2018 to April 30, 2018). C.

The main contents of the instant employment contract are as follows.

Article 2 (Place of Work and Details of Work) (1) of the annual salary employment contract: The working content of the Dong-gu B apartment (2) of Busan City: The wage of December 2, 2015, which is the basic salary of KRW 1,442,430 and annual salary of KRW 55,800,00, in addition to expenses.

(1) Basic pay (annual salary): 18,509,160 won (annual salary of KRW 1,542,430): 774,000 per annum (annual salary of KRW 64,500): 25,000 per annum (annual salary of KRW 64,500): 25,000 per annum (annual salary of KRW 64,50): 6 (1) the beginning and ending time (including recess hours) of the business shall be from 06:30 to 06:30 of the following day.

(ii)The preceding working is three hours including meal hours (three hours and ten minutes per week) and night time (five hours and thirty minutes at night).

On August 6, 2018, the Plaintiff filed a petition with the Busan Regional Employment and Labor Agency of the Busan Regional Employment and Labor Agency to the effect that “I continue to perform all construction and work in apartment units outside of surveillance work under the direction of the head of the Management Office every day, and seek revocation of the exemption from the application of this case since the allocation of accommodation was not specified.” However, the Busan Regional Employment and Labor Agency of the Busan Regional Employment and Labor Agency of the Republic of Korea has a reason for revocation of approval

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