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 Plaintiff provided the Defendant with labor from November 16, 201 to October 13, 2013, and retired from office. However, the Plaintiff did not receive KRW 5,985,938, in total, KRW 901,613, retirement pay, KRW 4,022, and KRW 1,062,20, and KRW 1,062, and KRW 200,000 from the Defendant on October 201.

B. The Defendant paid on behalf of the Plaintiff KRW 179,610 for the amount of tax and insurance premium, and KRW 120,890 for the amount of retirement allowance.

C. On July 21, 2015, the Defendant representative C was sentenced to a fine of KRW 1 million by this Court (2014 high-level 3985) on the grounds that “the Plaintiff’s failure to pay the Plaintiff’s overdue wages of KRW 5,985,938,” and the Defendant’s representative director C appealed against the first instance judgment and appealed, but on January 29, 2016, the lower court (2015No2350, 2805, 2805) declared that “the fact that the Plaintiff delayed payment of KRW 5,985,938,00” was a violation of the Labor Standards Act, and the said appellate judgment became final and conclusive as the final appeal by the Supreme Court (2016Do2820) on March 31, 2016.”

[Ground of recognition] Facts without dispute, Gap 1-3 evidence, purport of whole pleadings

2. Determination

A. According to each of the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 5,685,438 won, deducting the total amount of taxes and insurance premiums paid by the defendant 300,500 won in total from the total amount of 5,985,938 won, including unpaid wages and retirement allowances, and delay damages therefor.

B. The defendant's assertion argues that since the plaintiff used all annual paid leave during work period, the defendant did not have any annual paid leave that was not paid to the plaintiff.

With respect to the substitution of paid leave, Article 62 of the Labor Standards Act provides that "an employer may have workers take a paid leave on a particular working day in lieu of the annual paid leave under Article 60 according to a written agreement with the labor representative."