임금등
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, from March 8, 2014 to September 18, 2014, received monthly salary of KRW 1,500,000, and room and board from the Defendant’s “Del” located in Mapo-gu Seoul Metropolitan Government (hereinafter “instant place of business”), which was operated by the Defendant, and worked as the mother managing agency twice a month.
[Grounds for recognition] The items of evidence Nos. 1 to 3, and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion that the Plaintiff had the duty to pay to the Plaintiff the amount of KRW 2,74,590 [the minimum wage = (minimum wage 5,210 x 13 hours) x 2,744,590 x 183 days x 183 days - (1.50 million won x 5550 million won) for 15 days of paid holidays during the period of 27 days, excluding 12 days of paid holidays during the period of 13 hours per day.]
B. In the conclusion of an employment contract, an employer should, in principle, determine the basic wages of a worker and pay an additional allowance based on such determination. However, in a case where an employer concludes a wage payment contract based on the so-called comprehensive wage system with the content that the total amount of the allowances is determined as a monthly wage or daily wage without the employee’s consent in advance, or that a certain amount of allowances is paid as an allowance, without the employee’s consent, in light of the convenience of calculation in light of working hours, the form of employment and the nature of work, etc., it cannot be deemed null and void if it is deemed that there is no disadvantage
(See Supreme Court Decision 9Da2881, August 19, 2005; 2003Da66523, Aug. 19, 2005, etc.). According to the aforementioned evidence, the Plaintiff, while staying in the instant workplace, performs the work of cleaning guest rooms, cleaning bedclothess, washing clothes, and arranging warehouses, etc. in addition to the work of managing guests and waiting rooms.