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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. From August 25, 2012 to June 30, 2015, the Plaintiff worked for the Defendant’s U.S.A. construction site (B) and took charge of all repair works related to the trial operation for the decomposition of heavy oil, and mainly conducts the field work conducted by a third party, and reports to the superior.
B. On August 23, 2012 and January 1, 2015, the Plaintiff and the Defendant concluded each of the instant employment contracts (hereinafter “instant contracts”) (hereinafter “instant 1, 2,” and collectively referred to as “each of the instant contracts”). The main contents of each of the instant contracts and the Defendant’s wage regulations are as shown in the separate sheet.
[Ground of recognition] Facts without dispute, Gap 1, Eul 1, Eul 2 (each number is included; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) While working at the Defendant’s construction site, engaged in overtime work from time to time at the Defendant’s order, and did not receive overtime work allowances. Moreover, the Plaintiff did not receive bonuses and allowances (such as extended work allowances, overseas work allowances, domestic factory allowances, and self-driving subsidies, etc.) that the Defendant paid to the Plaintiff.
(2) The Defendant is obligated to pay the Plaintiff’s overtime allowance and retirement allowance based on KRW 45,680, which is the ordinary wage per hour calculated based on the instant bonus, etc. as a part-time ordinary wage, inasmuch as it is paid regularly, uniformly, and regularly.
In calculating this, overtime allowance to be paid by the Defendant to the Plaintiff is KRW 292,340,580 (i.e., KRW 45,680 x 1.5 x 4266 x 4265) and retirement allowance is KRW 29,046,920.
Therefore, the defendant's retirement allowance of 292,340,580 won and the retirement allowance of 17,47,191 won already paid to the plaintiff from the above 29,046,920 won and the retirement allowance of 11,569.