임금
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 The Plaintiff’s summary of the Plaintiff’s assertion was employed by the Defendant and withdrawn from the Plaintiff after providing labor from August 1, 2015 to February 7, 2016. Since the Plaintiff was not paid KRW 3,66,60 in total the wages from the Defendant from December 1, 2015 to February 7, 2016, the Defendant should pay the said amount and damages for delay under the Labor Standards Act to the Plaintiff.
2. The following circumstances can be acknowledged based on the overall purport of the statement and arguments as to Gap evidence Nos. 1 and Eul evidence Nos. 1 through 3, i.e., the head of Jungbu District Labor Administration prepared a written confirmation of the employer of delayed payment, etc. that the plaintiff failed to receive the total amount of KRW 3,66,60,00 from the defendant, but the ground for such confirmation stated that "it is confirmed by the plaintiff's assertion, and the defendant asserts that there is no unpaid wage." ② The defendant has employed the plaintiff for three months from Oct. 1, 2015 to Dec. 7, 2015, and there is no evidence to prove that the defendant employed the plaintiff until Feb. 7, 2016. ③ The plaintiff filed a complaint against the defendant on the ground that the plaintiff failed to receive the wages of KRW 3,66,660,00 from the defendant, and the Incheon District Prosecutors' Office did not present any specific and objective evidence to acknowledge that the plaintiff did not pay the unpaid wage.
Therefore, the plaintiff's assertion is without merit.
3. The plaintiff's claim for conclusion shall be dismissed for lack of reasonable grounds.
The judgment of the first instance is unfair in conclusion, and thus, the defendant's appeal is accepted and the judgment of the first instance is revoked and the plaintiff's claim is dismissed.