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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. The Defendant is a person operating a restaurant “D (or E)” (hereinafter “instant restaurant”) that runs a business within 24 hours in Mapo-gu Seoul Metropolitan Government.
B. The Defendant, during the night hours (10:00 to 22:00) and night hours (10:00 following the day from 22:00 to 10:00), has employed employees to work in a restaurant. The Plaintiff worked in the restaurant of this case in the condition of the following table during night hours (2:00 to 06:00) from March 2, 2015 to June 2, 2016.
C. On November 6, 2013, the Plaintiff prepared a written confirmation with the following content to the Defendant:
C E
D. On February 1, 2016, the Plaintiff subscribed to a retirement pension, and was paid KRW 600,000 as a retirement pension while retiring from the instant restaurant.
E. The Defendant paid the Plaintiff wages, including monthly retirement pay, weekly holiday pay, weekly overtime pay, and night work allowance, as shown in attached Table 1.
The details of wages paid by the defendant are as shown in attached Table 2.
F. On September 1, 2017, the Defendant paid 746,880 won annual salary to the Plaintiff on September 1, 2017, which was after the Plaintiff retired.
(g) the minimum wage in 2015 is 5,580 won, and the minimum wage in 2016 is 6,030 won;
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 6, Eul evidence 1 to 5, the purport of the whole pleadings
2. The Plaintiff, the cause of the instant claim, worked for 12 hours a day without recess hours, and based on this, the Plaintiff was paid wages below the minimum wage from the Defendant when calculating night work and overtime work.
Therefore, the Defendant is obliged to pay the difference between the minimum wage calculated in accordance with the Labor Standards Act and the wages that the Defendant paid to the Plaintiff as indicated below.
3. Determination
A. First of all, whether a recess of 4 hours from 02:0 to 06:00 existed, the Plaintiff’s working hours are examined.