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. The following facts are acknowledged in full view of the statements in Gap evidence Nos. 1 and 4 and the purport of the whole pleadings.

A. The Plaintiff worked from September 1, 2016 to January 8, 2019 at the fireworks C ( Daegu Dong-gu D, hereinafter “instant store”) operated by the Defendant.

B. The Defendant did not receive KRW 470,322 from the Plaintiff in January 2019, retirement allowances of KRW 4,609,887, advance notice allowances of KRW 2,000,00 in total, and KRW 7,080,209 in total.

2. According to the facts of the recognition of the above obligation to pay wages, etc., the Defendant is obligated to pay to the Plaintiff a total of KRW 7,080,209, including wages, and damages for delay calculated at the rate of 20% per annum under Article 36 of the Labor Standards Act and Article 17 of the Enforcement Decree of the same Act, from January 23, 2019 to the date of full payment, from January 23, 2019 to the date

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant paid the unpaid wage after deducting KRW 400,00,00, which is the wage equivalent to the hours that the Plaintiff did not actually work at the Plaintiff’s monthly wage, as the Plaintiff did not observe the hours of commuting at least during the last month of his retirement. Therefore, there is no unpaid wage as alleged by the Plaintiff. Accordingly, the Plaintiff was paid KRW 100,000 daily allowances when the Plaintiff worked as a part-time employee from September 2016 to July 19, 2018, and was employed as a full-time employee on July 20, 2018 and retired on January 8, 2019.

Therefore, the Plaintiff’s period of work since July 20, 2018 is less than one year and thus, is not recognized as retirement benefits. If the Plaintiff calculates retirement benefits based on the Plaintiff’s wage of KRW 1,260,000 on June 2018, it is only KRW 2,186,400.

3 The Plaintiff was pointed out with the Defendant’s attitude of working, and the Plaintiff did not dismiss the instant shop by itself.

Therefore, the advance notice of dismissal does not occur.

(b)in the case of a judgment on civil procedure, it shall be binding on the finding of facts in the criminal trial.