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

Purport of claim and appeal

[Claim]

A. The Defendant is a company that operates information and communications facility business and sales business of information and communications products. On May 1, 2016, the Plaintiff entered the said company on the condition that he/she received wages of KRW 2 million per month and agreed to receive KRW 3 million per month from April 2017 and retired from office around April 30, 2018.

B. After retirement, the Plaintiff asserted that there was a unpaid wage and retirement allowance and urged the Defendant to pay it, but failed to comply with it. On May 2018, the Defendant’s representative director C filed a charge of violating the Labor Standards Act with the Korea Employment and Labor Agency within the Jung-gu Regional Employment and Labor Agency.

C. After the investigation, when it was determined that C was in arrears with the Plaintiff’s wage of KRW 3 million in April 2017 and KRW 1.8 million in retirement allowance of KRW 5,80,000,000 as a result of the investigation, C was indicted against the Suwon District Public Prosecutor’s Office and sent the above accusation case to the Suwon District Public Prosecutor’s Office. Ultimately, C was affirmed on August 28, 2018 through the investigation of the above Ansan District Public Prosecutor’s Office, and on the charge of violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act of KRW 4.8 million in total, due to the violation of the Labor Standards Act following the late payment of wage and retirement allowance of KRW 4.8 million in arrears and the violation of the Guarantee of Workers’ Retirement Benefits Act. On July 9, 2019, the above court was sentenced to a judgment of conviction of KRW 5 million in total on the facts charged (the above court’s judgment becomes final and conclusive around that time).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination

A. According to the employment relationship, wage agreement, Plaintiff’s period of service and retirement date, etc. between the Plaintiff and the Defendant revealed the above recognition, the Defendant is obligated to pay to the Plaintiff the total amount of 480 won of unpaid wages and retirement allowances, and damages for delay calculated at the rate of 20% per annum from May 15, 2018 to the day of complete payment, 14 days following the date of retirement of the Plaintiff.

(b) (1).