임금
1. The judgment of the court of first instance is modified as follows.
The defendants jointly do so to the plaintiff 21,477,848 won and this.
1. The parties' assertion
A. The Plaintiff’s assertion was employed by the Defendants as “D” operated by the Defendants, but the Defendants did not pay wages of KRW 27,174,180 and retirement allowances of KRW 2,401,60 from June 2013 to June 2015, as well as KRW 27,174,180.
Therefore, the defendants are jointly and severally liable to pay the plaintiff the above overdue wages and retirement allowances totaling KRW 29,575,789 and delay damages therefor.
B. The Plaintiff’s assertion by the Defendants did not intend to receive food benefits as an employee in the Defendants’ factory and did not work as an employee, but did not intend to cultivate work and technology, and the Defendants paid only money in the name of living expenses. Therefore, the Plaintiff’s claim is unreasonable.
The actual working period of the Plaintiff is from October 2013 to October 2014.
In addition, the part of the wages claimed by the Plaintiff regarding the period before three years ( February 24, 2015) from the date of filing the instant lawsuit ( February 23, 2018) was extinguished by the completion of prescription under Article 49 of the Labor Standards Act.
2. Determination
A. The facts of recognition 1) Defendant B is the Plaintiff’s external third village. Defendant B, the spouse of the Defendant C, registered the business under the name of the Defendant C, and engaged in the automobile parts manufacturing business under the trade name of “D (former trade name: E).” 2) The Plaintiff was employed and worked in the said D. From June 1, 2013 to August 30, 2015, the Plaintiff maintained the qualification as the health insurance policyholder of the said company.
3) On the other hand, the plaintiff is F (the plaintiff's external ginseng village and the defendant B's partner).
(4) On March 10, 2017, the Plaintiff filed a petition with the Defendants for the payment of wages and retirement allowances for the period of service in the Daegu Regional Employment and Labor Office Port Office (U.S.), the amount of which is KRW 1.5 million on June 10, 2013, KRW 1.5 million on July 10, 2013, KRW 1.5 million on August 12, 2013, and KRW 9.5 million on September 10, 2013.
5 Defendant B was investigated as the respondent at the above Port Office on March 21, 2017. Defendant B worked from September 1, 2013 to June 30, 2015, and paid wages and retirement allowances.