The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is based on the first instance.

1. Basic facts

A. The defendant is operating "D hotel" in Busan Jin-gu C.

The Plaintiff worked for the said hotel from January 22, 2018 to December 13, 2018, and was in charge of the premium work.

B. From January 22, 2018 to July 13, 2018, the Plaintiff received benefits of KRW 2 million per month (including KRW 400,000 per month for overtime work) from the Defendant, and KRW 2.1 million per month from July 14, 2018 to July 13, 2018 (including KRW 500,00 per month for overtime work).

(The wage calculation period is from 14th to 13th day of the following month).

The minimum wage in 2018 under the Minimum Wage Act is KRW 7,530 per hour.

From October 2018 to December 2018, the Defendant paid the total of 354,700 won to the Plaintiff on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 (including virtual number; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff worked for 12 hours from 09:0 to 21:00 on the condition of the Plaintiff’s 7th day of the week and 3th day of the month (one hour of the recess). As such, the Defendant should pay to the Plaintiff the monthly minimum wage amount of KRW 2,600,260 (7,530 x 345.32 hours).

However, since the defendant paid wages below the above minimum wage amount, 5,347,120 won (=5,701,820 won - 354,700 won - 354,700 won) obtained by deducting 354,700 won from the amount of 5,701,820 won below the minimum wage amount from the defendant's 5,701,820 won on behalf of the plaintiff and damages for delay.

B. The Plaintiff worked for 12 hours from 09:0 to 21:00 per week on condition that the Plaintiff worked for 5 days per week, and the monthly minimum wage amount is KRW 1,573,770 (7,530 x 209 hours).

The defendant paid to the plaintiff 2 million won per month until July 13, 2018, and paid 2.1 million won per month thereafter to the plaintiff 2.1 million won per month. Thus, the amount below the minimum wage is 2,332,860 won, and if the defendant deducts 354,70 won from the share of the worker with the above 4th insurance premium, the unpaid amount shall be 1,978.