1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. The defendant is a person running a general trucking transport business with four regular workers.

B. On May 4, 2018, the Plaintiff joined as an employee who provides the Defendant with labor and retired on August 9, 2018.

C. After that, on September 28, 2018, the Plaintiff issued a business owner’s confirmation letter, including overdue wages, to the effect that “the Plaintiff was unable to receive the payment of KRW 2,822,580 of the wage for August 28, 2018 and KRW 1,801,440 of the advance notice of dismissal, and KRW 4,624,020 of the total amount of KRW 4,624,020 (i.e., KRW 1,801,440) from the Defendant with overdue payment.”

In addition, the Defendant did not pay 2,822,580 won to the Plaintiff within 14 days from the date of retirement without an agreement on the extension of the due date between the parties to the payment. On August 9, 2018, the Defendant immediately dismissed 30 days prior to the dismissal, but did not immediately pay 1,801,440 won of the advance notice of dismissal corresponding to the ordinary wages for 30 days on the date of dismissal. The Defendant was indicted as an offense of violating the Labor Standards Act, and was issued a summary order of 70,000 won on November 28, 2018 (this Court Decision 2018Da19576), and the said summary order became final and conclusive on December 13, 2018 because the Defendant did not request a formal trial (this Court Decision 2018Da19576).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 4,624,020 won, such as the aforementioned unpaid wages and the advance notice of dismissal, and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from August 24, 2018 to the date of complete payment, 14 days after the date of retirement of the Plaintiff.

Article 35 subparagraph 3 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) provides that a person who is a monthly wage worker and for whom six months have not passed since he/she was an exception to the application of an advance notice, but on December 15, 2015 by the Constitutional Court.