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(영문) 광주지방법원 2016.07.22 2015나11980
임금
Text

1. Of the judgment of the first instance court, KRW 1,811,126 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from December 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into an employment contract with the Defendant (hereinafter “instant employment contract”), and worked as security guards at B Apartments located in the net City C (hereinafter “instant apartment”) from November 27, 2013 to November 26, 2014.

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

1. The term of a labor contract: From November 27, 2013 to November 26, 2014;

3. Working hours and recess hours: From 07:00 to 07:00 the following day.

Recess hours: 7 hours (including night hours and 5 hours);

6. Wage components - Wages shall be hourly and shall be composed of 4,374 won per hour (applicable to 10% reduction of 4,860 won), bonuses, and various allowances, and the detailed contents thereof shall be governed by rules of employment.

Wages calculation method - Night work (work between 10 p.m. and 6 p.m.) shall be paid in addition to 50/100 of ordinary wages.

7. Other matters not prescribed in this contract shall be governed by the labor-related Acts and subordinate statutes, such as the Labor Standards Act, and the rules of employment.

B. The main contents of the Rules of Employment on Apartments applied to the Plaintiff under the instant employment contract are as follows.

Article 41 (Recess Hours) (2) The recess hours of alternate workers are between 12:00 to 13:00, 18:00 to 19:00, 00 to 00, 00 to 04:00.

(3) Recess hours prescribed above 1 and 2 may be changed after hearing the opinions of the parties concerned if there are circumstances necessary for managing and operating apartments.

C. While the Plaintiff serves as security guards, the Defendant deemed that the Plaintiff worked at night for three hours each working day, and paid wages in addition to night allowances calculated as prescribed in the instant contract.

On the other hand, the apartment security guards of this case worked for 07:00 to 07:00 the next day as 2, each of 6 persons, respectively. From January 22, 2014 to January 22, 2014, one security guard from 23:00 to 01:00 the next day, respectively, from 23:00 to 01:00 the next day, from 01:0 to 03:00 the next day.

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