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

Purport of claim and appeal

1...

A. According to the facts that there is no dispute over the Plaintiff’s claim for retirement benefits, and the purport of the entire statements and arguments in Gap’s evidence Nos. 3, 4, and 5 (including branch numbers; hereinafter the same shall apply), the Plaintiff entered into an employment contract with the Defendant, the representative of the entertainment drinking house “C” on November 26, 2003, and entered into the said employment contract with the Defendant as an advertising vehicle for the above business establishment on September 30, 2014, and retired from office on September 30, 2014. The Defendant was indicted for summary facts that the Plaintiff violated the Guarantee of Workers’ Retirement Benefits Act by not paying retirement pay to the Plaintiff KRW 12,742,580, and the Defendant was sentenced to a fine against the Defendant following the Defendant’s formal trial and appeal. Accordingly, the Defendant is obliged to pay the Plaintiff retirement benefits in accordance with

B. Article 8 of the Guarantee of Workers' Retirement Benefits Act provides that an employer shall pay at least 30 days' average wages for at least one year of continuous employment to a retired employee as a retirement allowance; Provided, That where the retirement allowance is calculated and paid in advance, the period of continuous employment for the calculation of the retirement allowance thereafter shall be newly calculated from the time of the settlement of accounts. Article 2 Subparag. 6 of the Labor Standards Act provides that the amount calculated by dividing the total amount of wages paid to the relevant employee during the three-month period prior to the date on which a cause for calculating average wages arises by the total number of days during that three-month period. Accordingly, in this case, in the instant case, a claim for retirement allowance may be made through the formula of "average wages 】 30 days ± ± 365 days ± 365 days)" and average wages may be sought through the formula of "total amount of wages paid during the three-month period prior to the date of retirement ± total number of days during the said three-month period."