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(영문) 수원지방법원성남지원 2019.06.07 2018가합403320
임금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is a stock company established on November 23, 198 for the purpose of the sale, export, import, processing, manufacturing, etc. of steel products, and the plaintiff is dismissed while working for the defendant.

B. On March 16, 2016, the Plaintiff entered into an employment contract with the Defendant. According to the above employment contract, the Plaintiff’s class is a regular business. The annual salary is KRW 130,00,000, monthly basic salary is KRW 10,833,330, monthly basic salary is KRW 10,833, and the termination period of the employment contract is not fixed.

(A) No. 2, hereinafter referred to as “the first employment contract of this case”).

On August 17, 2016, the Plaintiff entered into a labor contract again between the Defendant and the Defendant with the content that the total monthly salary of KRW 8,915,940, and statutory allowances of KRW 1,919,70 is KRW 10,835,540, on a monthly basis, from September 1, 2016.

3. Article 18(1) of the Act provides that “Other allowances shall consist of KRW 0, KRW 0, KRW 0, and KRW 0,000 for children’s allowances.”

(A) After the Defendant’s request, the Plaintiff and the Defendant changed the employment contract with the content of reducing the monthly wage to KRW 8,750,300 on November 14, 2016 (No. 1-1; hereinafter “the third-party employment contract of this case”).

(3) Likewise, upon the Defendant’s request, the Plaintiff and the Defendant changed the employment contract to the effect that the Plaintiff’s monthly salary was reduced to KRW 6,668,100 on December 26, 2017.

(No. 1-2, hereinafter referred to as "the fourth employment contract of this case") D.

(1) The Defendant sent content-certified mail to the Plaintiff on March 8, 2018, and the Plaintiff is dismissed as of March 9, 2018 (hereinafter “instant dismissal”) (hereinafter “instant dismissal”).

(2) On April 5, 2018, the Defendant notified the Plaintiff of the foregoing dismissal notice, stating that the dismissal notice is “retirement for managerial reasons (Article 24 of the Labor Standards Act)” as the ground for dismissal. (2) On April 5, 2018, the Defendant paid monthly salary of KRW 2,564,420 and the pre-employment allowance of KRW 5.0.

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