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. Basic facts

A. The Defendant is a person who is the representative in the name of C and actually has been engaged in the “D” (hereinafter “instant business”).

B. The Plaintiff is serving in the instant business entity from April 23, 2015 to March 7, 2016.

March 8, 2016.

C. The Defendant was sentenced to a fine of KRW 700,00 on the ground that “the Plaintiff’s employer, who retired from the instant company, was sentenced to a fine of KRW 1,359,30 on February 2016, and KRW 2,072,775 on the monthly wage of KRW 713,475 on March 2016, which was not paid until 14 days after the date of retirement,” and the said judgment became final and conclusive on January 18, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 18, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant, as an employer who employs the Plaintiff, is obligated to pay the Plaintiff the total amount of unpaid wages of KRW 2,072,775 and damages for delay at the rate of KRW 20 per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from March 22, 2016 to the date of complete payment, 14 days after the Plaintiff’s retirement.

B. As to this, the Defendant asserts that the Plaintiff’s wage to be paid to the Plaintiff does not remain any longer, since the Plaintiff’s daily working hours include one hour and thirty minutes of recess (one hour and thirty minutes of recess hours) but the Defendant also paid the Plaintiff wage equivalent to the said hours. As a result, the amount of wages paid to the Plaintiff exceeds 23,514,700 won after deducting the amount corresponding to the said unpaid hours. Thus, the Plaintiff’s wage to be paid to the Plaintiff does not remain any longer.

The working hours under the Labor Standards Act refer to the time when the worker provides labor under the direction and supervision of the employer, and the waiting time when the worker does not actually engage in the work.