Court says no evidence of formal employment contract between temple and the monk
The Seoul Northern District Court recently ruled against a Buddhist monk who filed a wage claim lawsuit against his former employer, a temple he worked at for nearly 14 years under a verbal agreement.
The court dismissed the claim, citing a lack of evidence that a formal employment relationship existed.
The plaintiff claimed that the temple owed him 685 million won ($471,400) in unpaid wages and severance package for 13 years and nine months of service. In 2010, he made an agreement with the late head monk of the temple, to receive 3 million won each month and receive a missionary center in Seoul after retirement.
In addition to the outstanding salary, a claim of some 200 million won was made as financial compensation for the missionary center.
The plaintiff had overseen the rituals and management of the temple building, and frequently accompanied the head monk to the hospital.
The court acknowledged that there appeared to be an agreement between the deceased and the monk, but said it could not be regarded as formal employment by the temple. "Taking (the late head monk) to the hospital was due to a personal pledge (the plaintiff) made, not a form of labor as an employee of the temple," the court added.
It also said there is no objective evidence to verify what the plaintiff's role was in the rituals, whether there had been supervision, what the working hours were and where the labor had taken place.
minsikyoon@heraldcorp.com
