2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On March 28, 2018, the Administrator of the Port Office of the Daegu Regional Employment and Labor Agency issued a business owner’s confirmation letter of overdue wages, etc. (hereinafter “instant confirmation letter”) to confirm that the overdue wages that the Plaintiff had not received from the Defendant were the total amount of KRW 2,160,000 on December 28, 2016 and KRW 720,000 on February 2, 2017.

B. The confirmation of this case is indicated as the Plaintiff’s overdue worker, the Defendant’s overdue employer, and C as a lawful direct constructor.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserted that he was employed by the Defendant, and the Defendant claimed unpaid wages, etc. according to the instant confirmation. 2) The Defendant did not employ the Plaintiff, and the Defendant was only employed by C to manage the work of on-site workers, to manage daily labor orders, and to perform a tree-related work.

The defendant agreed with C to pay personnel expenses directly to C, and C paid the labor expenses to D in consultation with D, the team leader of the plaintiff.

B. As to whether the Plaintiff provided labor under employment of the Defendant, it is reasonable to view that the Plaintiff provided labor under employment by the Defendant considering the following circumstances acknowledged by the above facts acknowledged and the purport of the entire argument.

① The instant confirmation was prepared after the labor inspector E of the Daegu Regional Employment and Labor Office’s Port Office was investigated by the Plaintiff and the Defendant, and the Defendant stated that he was true at the date of pleading in the trial.

② The Defendant agreed to directly pay the labor cost of C and the Plaintiff, etc. in the written objection regarding the instant performance recommendation decision. The Defendant has not received the construction cost from C, but only the labor cost of the Plaintiff workers, who waived the said construction cost, to the F&O representative director of C company.