beta
Text
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. The Plaintiff asserted as follows: (a) the Plaintiff served as a security guard of the wife population B apartment (hereinafter “instant apartment”) from April 28, 2018 to May 31, 2019; (b) performed the duty of separate collection of recycled products by means of the day, other than the security guard’s own duty; (c) the total wage was KRW 2,098,200,800 (i.e., the total wage was 2,807,200 (i., the period from April 28, 2018 to December 31, 2018): 2 hours x 7,530 (minimum wage) x 15 days x 8 months) (i.e., the period from January 1, 2019 to February 28, 2019 x KRW 28,350 x 1,805 x 300,015 x 30,010 (former 205) x 100.30
2. The evidence presented by the Plaintiff alone is insufficient to recognize that the Plaintiff and the Defendant entered into an agreement with the Defendant to pay wages to the Plaintiff regarding the duty of separate collection of recyclables, and there is no other evidence to acknowledge the agreement.
(1) In light of the following circumstances, i.e., the Plaintiff entered into a labor contract with C Co., Ltd. (hereinafter “instant company”) and received wages related to the instant apartment security service from the said company, ii) the said labor contract includes the Plaintiff’s work, iii) the separate collection work performed by the security guards, including the Plaintiff, as a supplementary work by the security guards necessary for the management and maintenance of the instant apartment complex, in light of the following: (a) as long as the Plaintiff received basic salary and various allowances from the instant company, the separate collection work conducted by the instant company can be deemed as a supplementary work by the security guards for the entire management and maintenance of the instant apartment complex; and (b) there is room to regard the separate collection work performed by the Plaintiff as a supplementary work by the instant company.