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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. The parties concerned are the operators of the D Public Notice Board in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant Public Notice Board”).
From February 3, 2015 to April 30, 2016, the Plaintiff served as the general manager of the instant public notice board.
B. The Plaintiff’s work content: (a) collected the cost of public notice from 16:00 to 22:00 each day; (b) notified the applicants for entrance room of room room and ancillary facilities; (c) resolved the difficulties of the existing visitors; (d) controlled outside visitors’ access; and (e) separately collected waste for 30 minutes; and (e) took two-day leave each month.
C. The Defendant paid the Plaintiff’s salary, etc. to the Plaintiff, etc., paid KRW 3.50,00 per month to the Plaintiff, and separately provided a room on the 7th floor rooftop of the instant public notice board, and paid KRW 400,000 upon retirement as retirement pay.
[Ground of recognition] Evidence Nos. 1 to 10, Evidence Nos. 1 to 10, Evidence No. 1 to 10, Testimony No. 1 to E of the first instance trial, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
(a) 1) Article 3 (Scope of Application) of the Minimum Wage Act related to the Minimum Wage Act and the Enforcement Rules thereof (1) This Act shall apply to all businesses or workplaces that employ workers (hereinafter referred to as “business”);
(1) The minimum wage shall be effective. (1) An employer shall pay the wages exceeding the minimum wage amount to the workers subject to the application of the minimum wage.
(3) The portion determined as wages below the minimum wage amount in an employment contract between the workers and the employer to whom the minimum wage applies shall be null and void, and in this case, null and void portion shall be deemed to have been paid the same wage as the minimum wage amount as
(4) The wages falling under any of the following subparagraphs shall not be included in the wages referred to in paragraphs (1) and (3):
1. At least once a month;