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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Determination as to the cause of claim
A. The gist of the parties’ assertion 1) The Plaintiff was employed by the Defendant from June 13, 201, and provided labor as a machinery manufacturing assistant. Nevertheless, the Defendant agreed to terminate a labor relationship around March 201, as shown in the attached Table, on the ground that the Defendant did not pay the Plaintiff the total of KRW 13,017,370, weekly paid leave allowances, KRW 8,191,680, and KRW 21,341,050, which is paid for the Workers’ Day, and the Defendant is obligated to pay the said unpaid wages and the compensation for delay thereof. 2) The Defendant settled all wages including the allowances by December 2013, and the payment of wages was difficult from January 2014 to the Plaintiff.
Therefore, even if the plaintiff voluntarily worked at the defendant's place of business without the defendant's consent, the defendant is not obligated to pay wages to the plaintiff.
B. The facts of recognition 1) The Defendant is a person running the mechanical manufacturing business in the name of “D” in Daejeon-gu Daejeon. The Plaintiff was employed by the Defendant from June 13, 201 to June 13, 201, and was cleaning, organizing, and assisting other employees as machinery production assistants. 2) The Plaintiff calculated the amount of wages between the Defendant and the Defendant on an hourly basis at KRW 5,500 (Provided, That the minimum wage from January 1, 2015 is KRW 5,580 per annum, which shall be based on an hourly rate, and the hours of work shall be paid at the 10th day of each month from 9:0 a.m. to 6:0 p.m. from 9:0 a.m. to 6:0 p.m. in the case of working hours, the Plaintiff agreed to work from 9:0 p.m. to 12:30 p.m.
3 The specific working hours of the plaintiff and the methods of calculating wages shall be as follows:
The plaintiff has written his/her retirement and retirement hours in his/her calendar in his/her office, and the work hours of the immediately preceding month shall be determined at the beginning of each month along with E.
At this time, the plaintiff is absent from office due to personal circumstances, or the defendant is suspended from office or on official holidays.