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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.Paragraph 1 of the text of the judgment of the court of first instance shall be subject.
Reasons
1. Basic facts
A. The Defendant is the representative of the restaurant “D” located in Yongsan-gu Seoul Metropolitan Government and the second floor (hereinafter “instant restaurant”), and the Plaintiff is employed by the Defendant and provided labor as a formal residence.
B. From May 26, 2015, the Plaintiff worked in the instant restaurant while receiving KRW 12:00 to 21:00 per day from 15:00 to 17:00 hours from 15:0 to 2.2 million per month from the time to time, and the wages. The Defendant dismissed the Plaintiff without prior notice on September 13, 2016.
C. On December 27, 2016, the Plaintiff submitted a written petition to the Seoul Western District Office (hereinafter “Labor Office”) on the ground that he/she was not paid wages and retirement allowances by the Defendant. On January 16, 2017, the Plaintiff drafted a written petition stating that “The Defendant was in arrears of KRW 2,040,320, wage 2,893,327 (200,000 out of February 2016, KRW 200,000 out of the Plaintiff’s retirement allowance, KRW 70,000 out of the amount of June 2016, KRW 90,00 among the amount of August 27 of the same year, KRW 893,327,200,000 from the Defendant’s amount of September 6, 2016, deducting KRW 500,000 from the amount of the Plaintiff’s retirement allowance, KRW 2,200,200.”
Accordingly, on January 17, 2017, the Defendant paid KRW 1.5 million among the wages in arrears with the Plaintiff. On February 9, 2017, the Labor Office stated that “On February 2016, 2016, KRW 200,000 of the wages in arrears with the Plaintiff, KRW 700,000 of the wages in June 2016, KRW 90,000 of the wages in July 2016, and KRW 1,026,66 of the wages in September 2016, the Defendant failed to pay KRW 2,843,817, and advance notice of dismissal allowances in advance, KRW 2,200,00.”
E. On February 9, 2017, the Labor Agency received from the Defendant the sum of KRW 1,026,666, retirement pay of KRW 2,843,817, and advance notice payment of dismissal pay of KRW 2,200,00,00.