Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

1. Basic facts

A. From April 6, 2017, the Plaintiff has been working for B Co., Ltd. (hereinafter “instant company”).

B. The Daegu District Court, on June 21, 2018, commenced rehabilitation procedures for the instant company as the 2018 Gohap118, and appointed the Defendant as the manager of the instant company.

C. On July 5, 2018, the Daegu Regional Employment and Labor Office of the Plaintiff drafted a written confirmation of the employer of overdue wages, etc. with the purport that the Plaintiff’s working period from April 6, 2017 to May 31, 2018; ② the unpaid wages in May and June 2017, and ③ the Plaintiff’s retirement pay of KRW 2,484,00,00, out of the said working period.

On November 13, 2019, the Seogu District Court sentenced the Defendant to imprisonment with prison labor for one year and two years of suspended execution, fine 1,00,000 won due to the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act (merged), and sentenced to the above criminal facts.

The contents of the business owner's confirmation of overdue wages, etc. in this paragraph are included, and the judgment was finalized at that time.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, and the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the total amount of 6,750,666 won of unpaid wages and retirement allowances (i.e., unpaid retirement allowances of 4,266,666 won) and delay damages therefor, barring special circumstances.

3. Judgment on the defendant's defense, etc.

A. The gist of the Defendant’s defenses, etc. is as follows: (a) the Defendant paid the Plaintiff’s wage of KRW 84,640 for the national pension premium of April 2017; (b) KRW 84,640 for the national pension premium of May; (c) KRW 84,640 for the national pension premium of June; (d) KRW 84,640 for the national pension premium of June; and (e) KRW 122,620 for the health and long-term care insurance premium of May 2017; and (e) KRW 376,540 for each of the above premiums (i.e., KRW 84,640 for the above KRW 84,