A. From December 2, 2008 to April 30, 2016, the Defendant operated a soup and bath (hereinafter “instant place of business”) on the south-gu Busan Metropolitan City C and the sixth floor, and used the Plaintiff as a full-time employee.

B. On September 4, 2009, the Plaintiff entered into an employment contract with the Defendant that sets forth KRW 08:00 to 19:00, monthly salary of KRW 1,000 (hereinafter “instant employment contract”) on an oral basis, and worked at the instant workplace from September 4, 2009 to April 29, 2016.

C. The Defendant paid the Plaintiff KRW 1,100,000 per month for the year 2013, monthly wage of KRW 1,150,000 per month for the year 2014, and KRW 1,200,00 per month for the year 2015 and year 2016.

The minimum wage in 2013 is a Si-level 4,860 won, the minimum wage in 2014 is a Si-level 5,210 won, the minimum wage in 2015 is a Si-level 5,580 won, and the minimum wage in 2016 is a Si-level 6,030 won.

On November 21, 2016, the Defendant deposited KRW 11,986,390 in total as wages and retirement allowances from the Busan District Court Branch of the Dong Branch of the District Court of Busan District on the deposit basis of the Plaintiff.

On November 28, 2016, the Plaintiff reserved an objection and paid the deposit money.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 9 (including branch numbers), the purport of the whole pleadings

2. Determination

A. (A) With respect to the claim for the payment of the difference in the minimum wage and retirement pay, the parties’ assertion 1) during the 11-hour period from 08:00 to 19:00, the Plaintiff’s working hours, the Plaintiff was not separately agreed in the instant labor contract, and the time actually closed by the Plaintiff, including the fact-finding company, was sufficiently limited to one hour, including the time-finding company.

Therefore, the defendant is liable to pay to the plaintiff the remaining amount after deducting the existing wages paid from the minimum wage and retirement allowance calculated by calculating the daily working hours of ten hours per day.

B. The plaintiff and the defendant in this case.