1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. The Plaintiff and the Defendant concluded a labor contract on the condition that the Plaintiff works at C points from July 19, 2014 to every Saturday, Sundays 17:00 to 00:30.

(Defendant is the actual representative of C points for the purpose of selling skins, and the Plaintiff is the employee of C points from July 19, 2014 to August 23, 2015.

After retirement, the Plaintiff filed a petition against the Defendant on the ground that the Defendant did not pay wages, etc. to the Plaintiff. On February 26, 2016, the head of the Busan Regional Employment and Labor Office issued a written confirmation of the employer’s overdue wages, etc. with the purport that “the Defendant did not pay KRW 3,559,525 to the Plaintiff who worked from July 19, 2014 to August 23, 2015.”

C. On January 28, 2016, the Defendant was charged with summary indictment (Seoul District Court Jinwon Branch Branch Decision 2016 Gowon Branch Decision 2016 Gowon Branch Decision 430) on the grounds of criminal facts, etc. that the Plaintiff did not pay wages, etc. equivalent to the above amount. On March 25, 2016, the Defendant was issued a summary order (fine 700,000) in the above support

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, 6, 7, and 8; the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion: (a) even though the Plaintiff provided labor to the Defendant from July 19, 2014 to August 23, 2015, the Plaintiff was not paid KRW 3,559,525, total amount of wages, etc. ( = KRW 20,250 retirement pay of KRW 1,356,650 for night work allowances of KRW 731,125 for overtime work allowances of KRW 1,451,50 for over 731,451,50 for overtime work allowances of KRW 20,250 for the month of July 8, 2014); (b) thus, the Defendant is liable to pay 3,559,525 won to the Plaintiff and delay damages therefor.

B. According to the evidence revealed earlier regarding the unpaid wages for the July 8, 2014 and September, the Plaintiff’s wage as stated in the Plaintiff’s labor contract is 5,300 won, Nevertheless, the Defendant paid the Plaintiff wages at the rate of 5,100 won for July 2014, 5,150 won for Si salary, 5,150 won for August 2014, 2014, and 5,250 won for Si salary for September 2014, and the Plaintiff paid wages at the rate of 30 hours for July 2014 and August 2014.