임금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The gist of the Plaintiff’s assertion is that the Plaintiff provided labor under employment by the Defendant who is engaged in the business of manufacturing parts of a ship from January 1, 2016, and retired on December 31, 2016, the Defendant is obligated to pay the Plaintiff the amount of KRW 729,550, which is part of the monthly wage, 3,647,780, retirement allowance, 3,475,804, which is part of the monthly wage, and thus, the Defendant is obligated to pay the said unpaid wage and retirement allowance to the Plaintiff in total KRW 7,853,134.
In addition, even though the Defendant withheld the Plaintiff’s total amount of KRW 1,461,074 from the Plaintiff’s wage for the above period as income tax, it is merely 235,980 won and gained profit without any legal cause, and the Plaintiff suffered loss equivalent to that amount. Thus, the Defendant is obligated to return KRW 1,225,094 to the Plaintiff as unjust enrichment.
2. Determination:
A. As to the unpaid wage portion, comprehensively taking account of the overall purport of the pleadings, evidence Nos. 1 and 2, the Plaintiff was employed by and provided labor to the Defendant who is engaged in the manufacturing business of components of a ship from January 1, 2016, and retired on December 31, 2016. The Defendant may recognize that the Plaintiff was not paid KRW 3,647,780, which is part of the monthly wage, and monthly wage of KRW 729,550, and monthly wage of KRW 3,647,780, which is part of the monthly wage. Accordingly, the Defendant is obligated to pay the Plaintiff the total amount of unpaid wage (= KRW 4,377,330, KRW 750, KRW 750, KRW 747,780) to the Plaintiff. Accordingly, the Defendant is obligated to pay the Defendant’s daily employee at the time of such payment.
The plaintiff did not subscribe to the four insurance for the purpose of receiving unemployment benefits at the time of his retirement. Accordingly, the defendant applied for the four insurance for the purpose of receiving unemployment benefits, and accordingly, the defendant paid the remaining wages after deducting the unpaid four insurance premium from the plaintiff's wages for November and December. Thus, the defendant asserted that there is no unpaid wage for the plaintiff. However, the evidence submitted by the defendant alone is sufficient.