Where a worker dies or retires, the employer has not paid wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, but the Defendant did not pay the total of KRW 500,000,000 for the wages of July 27, 2009 through November 25, 2011; KRW 1 million for the wages of August 8, 201; KRW 150,000 for the wages of September 201; KRW 150,000 for the wages of October 201; KRW 150,000 for the annual leave allowances of November 201; KRW 130,000 for the unpaid leave allowances of year 201; and KRW 1300,000 for the unpaid leave allowances of November 27, 201; and KRW 1306,859,740 for retirement benefits; and KRW 1375,79,75,970.

2. The lower court determined that E continued to be an employee status of the instant company regardless of whether payment was made in the company’s name or not, in light of the fact that, as of August 31, 2010, E was treated as retirement benefits and received benefits in the name of his spouse at the time of receiving retirement benefits, and that he maintained the same position and performed similar duties in the instant company before and after receiving retirement benefits.

However, in light of the fact that E did not receive a separate order from the Defendant for the use of leave after the retirement process, and did not keep a book on whether to use the leave, that E’s commuting time was considerably unfair compared to other regular employees, and that the Defendant was a franchise who received piece rates compared to E’s performance from the company employees immediately after the retirement process, and that E is a franchise who received piece rates from the company employees.