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1. The Defendant shall pay to the Plaintiff KRW 52,378,425 and interest rate of KRW 20% per annum from September 1, 2015 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The Defendant is an individual entrepreneur engaged in parking management business in the name of “C” (hereinafter “instant parking lot”). From December 18, 2010, the Plaintiff entered into a labor contract with the Defendant and was dismissed on August 17, 2015.
B. From December 18, 2010 to August 31, 2014, the Plaintiff worked on a two-day basis (two-day recess hours), from September 1, 2014 to August 17, 2015, the first worker was working on three-day basis (one-day recess hours) from September 1, 2014 to 18:00 (one-day recess hours), from 13:00 to 1000 on the following day by the second worker (one-day recess hours), from 09:0 to 18:00, from 13:00 on the following day to 18:00, from 13:00 to 18:00 on the first day by the third worker, and from 13:0 to 09:00 on the following day to 18:00 on the first day by 30:10 on the same day.
C. Wages and annual allowances not paid by the Plaintiff from July 15, 2012 to August 17, 2015 are 43,956,917 won in total.
(C) there is no dispute. D.
Article 15 of the Rules of Employment of the instant parking lot provides that the work shall be performed on the five-day per week in principle. Article 19 of the Rules of Employment provides that 50% of ordinary wages shall be added when a worker works on a holiday. However, the Defendant did not pay the said additional portion to the Plaintiff. The specific details are as follows.
Inasmuch as the Defendant paid the Plaintiff wages below the minimum wage per working hour x 0.5, the amount in arrears calculated on July 15, 2012 through December 31, 2012 according to the minimum wage per working hour, in the case of the two-day working period of 114 hours per annum (=22 hours per day 22 hours per day and 52 hours per day) and the monthly working hours are 95.3 hours per month, and the Plaintiff calculated as above through the calculation method of 95.3 x 5.5 months, and the aforementioned method should be calculated on a daily basis.