임금
1. The Defendant’s KRW 1,948,228 as well as the Plaintiff’s KRW 6% per annum from February 22, 2017 to April 19, 2019.
1. The Plaintiff asserted that: (a) from May 1, 2014 to February 7, 2017, the Plaintiff was in charge of sales management, etc. in the “D” located in Gwangju Northern-gu Seoul (hereinafter “instant workplace”); (b) from May 1, 2014 to December 31, 2015, the Plaintiff worked at night (22:30 to 09:00 on the following day); and (c) from January 1, 2016 to February 7, 2017, the Plaintiff was in charge of sales management, etc. at the “D” located in Gwangju Northern-gu (hereinafter “instant workplace”); and (d) from May 1, 2014 to December 31, 2015, the Plaintiff worked at the night (14:00 to 01:00 on the following day); and (e) during working hours, the Plaintiff worked for 30 minutes a day.
When calculating the above working hours of the plaintiff, as shown in the attached Table, the working hours during night work hours are 305.12 hours per month, the working hours during weekly work hours are 295.12 hours per month, the difference between the wages calculated by applying the minimum wage in the pertinent year on the basis of the above monthly work hours and the wages that the plaintiff actually received by the plaintiff is 2,539,886 won as shown in the attached Table, and the difference between the retirement allowances (5,010,235 won) calculated by applying the minimum wage in the pertinent year on the basis of the above monthly work hours and the retirement allowances (4,919,018 won) actually received by the plaintiff is 91,217 won.
Therefore, the defendant should pay to the plaintiff the sum of the above-paid wages and retirement allowances (=2,631,103 won (=2,539,886 won) and damages for delay.
2. Determination
A. From May 1, 2014 to December 31, 2015, the Plaintiff’s night (22:30 to December 31, 2015) at the instant workplace from May 1, 2014 to December 31, 2015, and there is no dispute between the parties that the Plaintiff had worked for 22:30 to December 31, 2015 at the instant workplace.
The defendant asserts that the working hours of the plaintiff do not fall short of eight hours a day, since the hours of recess are more than 2 hours and 30 minutes a day.
On the other hand, the working hours under the Labor Standards Act refer to the time when the worker provides labor under the direction and supervision of the employer, and the waiting time when the worker does not actually engage in the work.