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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Defendant is a company running the village bus transport business, etc., and the Plaintiff is a person who retired while serving as the Defendant’s bus engineer from April 1, 2014 to June 2, 2015.
B. On July 5, 2016, the Plaintiff was issued a business owner’s certificate, such as overdue wages, etc. that the Plaintiff was employed by the head of the Seoul Regional Employment and Labor Agency as above and did not receive the total of KRW 16,924,145, including wages and retirement allowances.
C. On July 6, 2017, the Defendant’s representative C was sentenced to a fine of KRW 2,00,000,062,192, retirement allowances of KRW 2,861,953, totaling KRW 16,924,145, and a fine of KRW 2,00,000,000,000 for the violation of the Labor Standards Act, which was committed against the Plaintiff’s retirement date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that the plaintiff provided labor as shown in the attached Table, but did not receive the total of 12,383,456 won of wages and retirement allowances during the working period. Thus, the defendant is liable to pay the above money and compensation for delay thereof to the plaintiff.
B. The Defendant’s assertion that the work hours are 7 hours and 10 minutes when the Plaintiff worked in the morning, and the work hours are 8 hours and 30 minutes when he worked in the morning, and even if the waiting time is considered as work hours, the Plaintiff has a recess of 1 hours a day, and thus, the work hours should be calculated by excluding the recess hours.
In addition, the defendant paid all allowances, retirement allowances, etc. calculated accordingly.
3. The defendant asserts that since at least one-day hours of recess are guaranteed to workers, it should be excluded from the calculation of wages and retirement allowances. Thus, we examine this issue.
The term "working hours" means the hours during which workers provide labor under the direction and supervision of their employers.