A. The Plaintiff was employed by the Defendant from December 26, 2002 to February 29, 2012, and served as an instructor of a private teaching institute.

B. On February 29, 2012, the Plaintiff received KRW 36 million from the Defendant as retirement consolation benefits.

C. On June 21, 2012, the Plaintiff was re-employed to the Defendant. On April 15, 2013, the Plaintiff received KRW 15 million from the Defendant as retirement consolation money.

[Ground for recognition] Unsatisfy

2. Determination on the defense prior to the merits

A. The Defendant filed the instant lawsuit on February 27, 2015, prior to the lapse of seven years from the expiration date of the period of a retirement allowance and the expiration date of three years of a retirement allowance, where the Plaintiff sought the payment of retirement allowance for the period from December 26, 2002 to June 30, 2008, on the ground that the Plaintiff received 36 million won as retirement consolation money upon retirement on February 29, 2012 and did not raise any objection thereto. The instant lawsuit asserts that the instant lawsuit is not permissible in accordance with the principle of invalidation as it infringes the Defendant’s legitimate expectation and legal stability that all the legal relations pertaining to the Plaintiff’s retirement and retirement allowance are terminated.

B. Generally, the exercise of a right must be in accordance with the principle of trust and good faith and shall not be abused. Thus, when a right holder fails to exercise a right after a considerable period of time, despite the opportunity for the actual exercise of the right, and thus, the right holder’s exercise of the right has a legitimate expectation that the right holder would not exercise the right, and as a result, the exercise of the right may not be permitted pursuant to the so-called principle of invalidation, in a case where the right holder’s exercise of the right is deemed to be in violation of the principle of trust and good faith

(See Supreme Court Decision 2005Da45827 delivered on October 28, 2005). Article 10 of the Guarantee of Workers' Retirement Benefits Act is a retirement allowance.