All appeals by the defendant are dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiffs were employed by the Defendant who conducts the clothing manufacturing business under the trade name of “D”, and the Plaintiff A retired from the service of each salary grade from September 26, 2016 to August 7, 2018, and the Plaintiff B from April 20, 2016 to March 16, 2018.

B. The Defendant did not pay the total amount of KRW 7,468,072, and the total amount of KRW 5,209,964, which occurred during the period of Plaintiff A’s working, and the total amount of KRW 5,209,964, which occurred during the period of Plaintiff B’s working. Accordingly, the Defendant was indicted for violating the Labor Standards Act and the Act on Guarantee of Workers’ Retirement Benefits

(The grounds for recognition) The fact that there is no dispute, the entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from August 22, 2018, the 14th day following the date of retirement to the date of complete payment pursuant to Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act, to the Plaintiff, and to pay damages for delay calculated at the rate of 20% per annum from March 31, 2018, the 14th day following the date of retirement to the date of complete payment.

3. The defendant's assertion on the defendant's assertion that since the business income tax, not the wage and salary tax, is withheld on the plaintiffs' remuneration, the plaintiffs' assertion that it is nothing more than the employee employed by the defendant, and therefore, whether it is a worker under the Labor Standards Act or not shall be determined depending on whether the form of contract is an employment contract or a subordinate relationship with the employer for the purpose of wages in substance, rather than whether the worker provided labor for the purpose of wages in the business or workplace. However, whether the basic wage or fixed wage was determined,