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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the purport of the appeal:
Reasons
1. Facts of recognition;
A. The Defendant operates Kindo’s specialty store in C and D (hereinafter “instant store”), and the Plaintiff worked in the instant store from November 15, 2017 to November 17, 2018.
B. The Plaintiff did not prepare a labor contract with the Defendant, and received wages of KRW 2 million per month from the Defendant during the above service period.
(c)
On April 22, 2019, the head of the Si/Gun/Gu having jurisdiction over the Republic of Korea Employment and Labor Agency of the Jung-gu Regional Employment and Labor Agency prepared a business owner's confirmation letter, such as wages in arrears, which confirm that "the defendant has a total of 8,485,457 won in arrears calculated on the basis of the minimum wage amount of 5,973,935 won in difference between the wages that the plaintiff actually received and the minimum wage amount prescribed by the Minimum Wage Act paid to the plaintiff."
[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff delayed damages at the rate of 20% per annum prescribed by the Labor Standards Act from December 2, 2018 to the date of full payment, with the total amount of 8,485,457 won in arrears and the amount of 14 days after the date of retirement to the date of full payment.
3. The defendant's assertion that the defendant agreed to pay the plaintiff wages of KRW 2 million per month in consideration of the characteristics of the business that has many break time and paid all wages according to the agreement, so that there is no wage that is currently unpaid.
The minimum wage law provides that an employer shall pay the worker to whom the minimum wage is applied at a minimum wage level (Article 6(1)); that portion of the labor contract between the worker to whom the minimum wage is applied and the employer shall be null and void; and that portion null and void shall be deemed to have been paid at the same level as the minimum wage amount (Article 6(3)).
(e).