2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

The Defendant is a person who runs the wholesale and retail business of motor vehicle-related goods in the name of “C”, and the Plaintiff, from April 22, 2013, assisted the Defendant’s business at the Defendant’s place of business, retired on July 23, 2016.

On April 17, 2017, the Plaintiff filed a petition with the Busan Regional Employment and Labor Agency on the delayed payment of wages, etc., and on April 17, 2017, written by the labor inspector, the Plaintiff stated that the Defendant delayed payment of wages of KRW 3,00,000,000, retirement allowances of KRW 4,790,466 against the Plaintiff.

On June 18, 2018, the Defendant was issued a summary order of KRW 1,500,000 (the Changwon District Court 2018 Gowon District Court 2018 Gowon District Court 3243) on the grounds of the violation of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and the above summary order became final and conclusive by withdrawing the request for formal trial.

【Unless there exists any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from April 22, 2013 to July 23, 2016, which is the day following the retirement date of the Plaintiff’s retirement date, to the day of full payment of the Plaintiff’s wages and retirement allowances, and 7,790,466 won, barring any special circumstance. The Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 7,790,460 won per annum as provided by the Labor Standards Act from August 7, 2016 to the day of full payment, which is 14 days after the retirement date of the Plaintiff.

The defendant's assertion argues that the plaintiff does not constitute a worker as a person who has conducted an individual business at the defendant's workplace.

The following facts are considered as follows: the above facts of recognition, the evidence mentioned above, Gap evidence Nos. 4, 5, Eul evidence No. 3, and the purport of the whole pleadings.