2. The costs of lawsuit shall be borne by the Plaintiff.

A. The parties are corporations that employ approximately 1250 workers and engage in the manufacturing and processing business of salary products.

The Plaintiff, who was employed by the Defendant on May 29, 1979 and worked as the “director treatment department” on December 1, 1994. The Plaintiff is a person who was employed from November 29, 2002 to November 30, 2003 under the restructuring of the organization of an executive officer, and was promoted from December 1, 2003 to November 30, 2005 to a “director”, and was promoted from December 1, 2005 to a “general affairs” and retired from office around November 30, 2010 while working as the general personnel management division in charge of personnel affairs, labor affairs, general affairs, and logistics. < Amended by Act No. 1013, Nov. 30, 2010>

B. From December 1, 1994 to November 30, 1994, the Defendant paid KRW 35,970,034 of the retirement allowance, which was settled for the period from the Plaintiff’s entry to the Defendant, to November 30, 1994. From December 1, 2002 to November 28, 2002, the Defendant paid KRW 20,30,990 of the retirement allowance settled for the period from December 1, 1994 to November 28, 2002 to the Plaintiff.

Upon retirement of the Plaintiff, the Defendant paid 50,770,370 won to the Plaintiff from November 29, 2002 to November 30, 2010.

C. The defendant's articles of incorporation and rules of employment related to this case are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7 evidence, Eul 1, 3, 4, 9 evidence (including each number), the purport of the whole pleadings

2. The plaintiff's assertion is an employee under the Labor Standards Act who provided labor upon specific instruction from the representative director of the defendant.

In addition, interim settlement of retirement pay is null and void without the consent of the plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the difference between the retirement allowance already paid and the interim settled retirement allowance calculated based on the average wage under the Act on the Guarantee of Workers' Retirement Benefits and the Labor Standards Act.

3. Determination

A. The Plaintiff is under the Labor Standards Act.