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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion follows: (a) the Plaintiff sought payment of the unpaid benefits and retirement allowances totaling KRW 95,975,000 (i.e., KRW 85,900,000 retirement allowances totaling KRW 10,075,00) against the Defendants.
① The Plaintiff worked from July 2007 to March 2015 as the Defendant’s household helpers, and the agreed monthly pay was 1.3 million won. The agreed monthly pay was not paid at all from July 2007 to May 2009, and only KRW 500,000 out of the monthly pay was paid from June 2009 to March 2015.
② The Defendants kept the unpaid benefits and later paid the unpaid benefits.
③ Therefore, the Defendants are obligated to pay the Plaintiff the total amount of KRW 85,900,00 (=29,900,000 + KRW 23 months from July 2007 to May 2009 x 1.3 million) ( = 70 months from June 2009 to March 2015 x 8 million)).
④ In addition, the Defendants are obligated to pay the Plaintiff a retirement allowance of KRW 10,075,00 (=total working period of KRW 97 months/12 x 1.3 million).
B. The Defendants’ assertion cannot respond to the Plaintiff’s claim for the following reasons.
① In around 1994, the Plaintiff worked as the Defendant’s domestic helper, but around May 2005, the Plaintiff left the Republic of Korea as Australia and completed the employment relationship with the Plaintiff.
② After that, around 2007, at the Plaintiff’s request, Defendant B had to work in the domestic residence of Defendant B and the family head’s residence. At that time, 50,000 won was paid as monthly salary (in addition, the period during which Australia aviation fees and the family head’s stay period were to be paid as additional expenses equivalent to KRW 40-50,000 per month) and there was no agreement to pay KRW 1.3 million as monthly salary to the Plaintiff.
③ The Plaintiff does not constitute a person eligible for retirement allowances under the Labor Standards Act as a household helpers.
2. Determination
A. We examine the judgment on the claim for wages, Gap evidence Nos. 1 to 4, Eul evidence Nos. 1 to 6, and plaintiff.