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(영문) 수원지방법원 2016.08.23 2015가단140949
임금
Text

1. The plaintiff's primary claim against the defendant Gyeonggi-do and the defendant's preliminary claim are all dismissed.

2...

Reasons

1. Basic facts

A. The Defendant Gyeonggi-do entered into a contract for the entrustment of operation on duty at B elementary school from March 1, 2010 to February 28, 2014 with Defendant Ecom Co., Ltd. (hereinafter “Defendant Company”). The Defendant Gyeonggi-do entered into a contract for the provision of electronic security services at B elementary school from March 1, 2010 to February 28, 2014 with Ecomwon Co., Ltd.

B. On November 1, 2010, the Plaintiff joined the Defendant Company and retired on December 1, 2013, and entered into a commission work contract with the Defendant Company as a surveillance and control employee (hereinafter “instant work contract”). The main contents are as follows.

The instant employment contract was concluded three times on November 1, 2010, November 24, 2011, March 29, 2013, etc. (A-1-1-3) and on March 29, 2013, taking into account the fact that the Plaintiff is seeking wages since 2012, etc., the main contents of the instant employment contract should be stated in accordance with the employment contract of March 29, 2013.

Article 1 (Duty of Good Faith) The plaintiff is fully aware that he/she may receive discriminatory treatment different from regular employees in terms of working conditions, etc. as a commissioned employee who is not a regular employee, and enters into this entrusted labor contract.

Article 2(1) of the Labor Standards Act: The types of work on duty (the form of work in question is the surveillance and intermittent work meeting all the standards of Article 49(Direction 453) of the Regulations on the Work of Supervisors, and confirm that it is the subject of exclusion from the application of the provisions on work hours, recess and holidays as stipulated in Chapters IV and V of the Labor Standards Act for surveillance workers pursuant to Article 63(3) of the Labor Standards Act and Article 10(4) of the Enforcement Rule of the same Act.

2) Place of work: Work hours at B elementary school 3) and hours at work: 16:30 of the starting and closing hours (including hours of work) to the 08:30 of the following day [including hours of work, 5.5 hours, 10.5 hours (including hours of work at night), 10.5 hours (including hours of work at night)] on November 24, 201, in the employment contract of November 24, 201, the number of hours of work at work and 11 hours (7 hours of night at night).

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