A. The Plaintiff’s assertion 1) around March 1, 2012, the Plaintiff operated by the Defendant C University (hereinafter “instant University”).

(2) At the time of the above appointment, the Plaintiff received KRW 5,867,00 of the monthly salary received from the D University, which had worked in the past with the Defendant at the D University, as is, at the time of the appointment, until the revised supplementary budget on the salary for the Defendant’s faculty members was resolved, the payment was deferred until the Defendant’s board of directors resolved on the revised supplementary budget on the salary for the faculty members, and the said salary was increased for one year thereafter.

3) However, despite the Plaintiff’s request, the Defendant did not pay the agreed monthly salary to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 70,404,00 (= KRW 5,867,000 + KRW 12), retirement allowance of KRW 5,867,00, total of KRW 76,271,00 (== KRW 70,404,000) and delay damages for the amount of KRW 5,867,00). (B) The Defendant did not prepare a labor contract with the Plaintiff, and there was no fact that the Defendant agreed on the monthly salary, and therefore, the monthly salary to the Plaintiff should be calculated based on the minimum wage ( KRW 957,20, KRW 200, KRW 1,013), as well as KRW 76,867,00.

In addition, the three-year extinctive prescription under the Labor Standards Act was completed for the monthly salary up to January 2013.

2) On or around April 5, 2012, the date the Plaintiff was actually appointed as a professor of special employment, which is not March 1, 2012, but around April 5, 2012, and the period of continuous employment is less than one year, there is no claim for retirement allowance payment against the Defendant. In addition, even if the period of continuous employment is one year, statutory retirement allowance calculated by the guarantee of retirement benefits based on the minimum wage in the pertinent year is 96,233 won [=3,207.78 won [=957,20 won + 1,015,740 won) / 90 days] x 30 days.

2. Determination

A. The plaintiff's appointment date and monthly wage are written in Gap evidence Nos. 2, 5 through 7, 9 through 11, and Eul evidence No. 1 (including paper numbers).