1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is an employer who sells clothes with the trade name of “E” using one full-time worker in Busan Jin-gu, Busan.

(The defendant operated the above E's clothes in his name from May 2006 to his business operator's name, and since May 2009, he changed the name of the co-defendant C of the first instance court, who is his husband, to operate the above clothes.

The Plaintiff, as employed by the Defendant, retired from the above E’s clothes store from June 28, 2006 to April 7, 2016.

C. The Defendant paid the Plaintiff the hourly wage of KRW 4,110 from January 2013 to June 2015, and paid the Plaintiff wage of KRW 4,860 per hour, which is the minimum wage in 2013, KRW 5,210 per hour, the minimum wage in 2014, KRW 5,580 per hour, the minimum wage in 2014, and KRW 5,580 per hour, the minimum wage in 2015.

In addition, the Defendant did not pay some wages and retirement allowances to the Plaintiff in addition to the payment of wages below the minimum wage amount as above. D.

Accordingly, the Plaintiff filed a petition with the Busan Regional Labor Office on the Defendant’s wages and retirement allowances in arrears immediately after withdrawal from the above E clothes, and the Busan Regional Labor Office issued a written confirmation to the Plaintiff on January 6, 2017, stating that “The Defendant did not pay 18,543,940 won in total and 3,651,036 won in arrears between January 1, 2013 and April 7, 2016.”

On August 2, 2017, the Defendant received a summary order of KRW 300,000 from the Busan District Court (2017 High Court Decision 5829) on August 2, 2017, that the Plaintiff did not pay a total of KRW 22,194,96 by adding up the wages and retirement allowances within 14 days from the date on which the grounds for payment occurred, as stated in the above notice.

The defendant shall apply for formal trial against the above summary order with Busan District Court 2017 High Court Order 1627.