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 company engaging in chemical medicine distribution business, and the Plaintiff is from May 21, 2015 to the same year.

7. Until July 28, 201, the Defendant retired from office as the head of the Defendant’s Overseas Business Headquarters, but was not paid KRW 2,258,00 for July 2015.

B. As to the Plaintiff’s failure to pay KRW 2,258,060 for July 2015, C, the Defendant’s representative director, was indicted as a violation of the Labor Standards Act and was sentenced to a fine of KRW 500,000.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff unpaid benefits of KRW 2,258,00 and damages for delay calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act from August 12, 2015 to the date of full payment, 14 days after the retirement of the Plaintiff.

B. The defendant's assertion and judgment that the plaintiff worked as a worker for the defendant's daily employed in May 2015, and was employed by converting the plaintiff into his business income from June 2015 to his business income at his request, and that the plaintiff did not have a reason to pay wages since July 2015, since the plaintiff did not work as the defendant's earned income.

As seen earlier, in light of the fact that the representative C of the defendant was punished as a violation of the Labor Standards Act due to the payment of wages to the plaintiff, the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff was not a worker of the defendant, and there is no other evidence to support this. Therefore, the defendant

3. Thus, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.