임금 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff served as a sales adviser from October 25, 2015 to December 9, 2015, and the defendant was not paid KRW 2,200,00 (fee for sales contract (contractor D) which was concluded on November 28, 2015) by November 2015. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff 2,200,000 won as well as damages for delay calculated at the rate of 20% per annum as provided by the Labor Standards Act from the date following the 14th day after the retirement of the plaintiff to December 24, 2015 to the date of full payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff does not constitute a worker under the Labor Standards Act.
In light of the following circumstances, which are acknowledged as a comprehensive consideration of the aforementioned evidence, evidence Nos. 3 and 4 evidence, namely, ① the period of commuting to and from work of the sales consultant including the plaintiff, ② the sales commission corresponding to the wages of the sales consultant was set at the fixed amount of KRW 2,200,00 per case of sales contract, ③ all the equipment such as the leaflet and banner used in the public relations activities of the sales consultant are deemed to have been provided to the defendant, it is reasonable to deem that the plaintiff constitutes an employee under the Labor Standards Act, and therefore, the defendant’s above assertion is rejected.
B. The Defendant asserts that, as the sales contract (contractor D) which the Plaintiff concluded on November 28, 2015 terminated on February 26, 2016, the Plaintiff is not obligated to pay the sales commission to the Plaintiff.
If the sales contract under the former two agreements on the payment of the sales commission concluded between the plaintiff and the defendant is terminated later, the sales commission will not be paid.