임금등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
1. Basic facts
A. The defendant is the actual operator of the D Public Notice Hostel in Seocho-gu Seoul Metropolitan Government (the instant Public Notice Hostel).
B. From March 5, 2014 to July 26, 2015, the Plaintiff received KRW 400,000 per month while working as a general manager (from March 5, 2014 to July 26, 2015). After retirement, the Plaintiff received KRW 1,225,00 as retirement pay on July 29, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5 (including paper numbers), the purport of the whole pleadings
2. As to the instant lawsuit claiming that the Plaintiff received wages below the minimum wage during the period of serving in the instant public notice room, and claiming wages equivalent to the difference between the minimum wage and the already paid wages, the Defendant asserts that the instant lawsuit is unlawful on July 29, 2015, on the ground that the Plaintiff and the Plaintiff agreed to conclude all the disputes pertaining to the retirement of the public notice room, including the wages and retirement allowances, and paid KRW 1,225,000 for retirement allowances.
In full view of the aforementioned evidence and the above facts of recognition, it can be recognized that the defendant paid 1,225,000 won to the Plaintiff’s bank account as retirement allowance on July 29, 2015, after the Plaintiff’s retirement at the Plaintiff’s request. However, the above evidence alone is insufficient to recognize that the Plaintiff and the Defendant, at the time of payment of retirement allowance, concluded a dispute over all the claims, such as wages and retirement allowances, and did not file a lawsuit, and there is no other evidence to acknowledge otherwise.
Therefore, the defendant's main defense is without merit.
3. Judgment on the merits
A. The Plaintiff provided accommodation and received wages of KRW 400,00 per month from the Defendant in return for work from 17:00 to 24:00 each day from the instant public notice hostel, the minimum wage per hour in 2014 is KRW 5,210, and the minimum wage per year in 2015.