A. The Plaintiff worked for the Defendant from May 23, 2005 to April 8, 2015.

B. According to the business owner’s confirmation, such as the delayed payment of wages on September 10, 2015, prepared by the president of the Ministry of Employment and Labor of the Central District Office, the Defendant is deemed to have failed to pay the Plaintiff KRW 8,126,362, annual paid leave pay, annual paid leave pay, annual paid leave pay, annual paid leave pay, KRW 1,626,40, retirement pay, and KRW 15,089,102.

C. On May 3, 2016, the Defendant was sentenced to a fine of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits (fine 3 million won) on the following grounds: (a) on May 3, 2016, the Defendant was sentenced to a fine of violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits (fine 200,000), under the purport that: (b) the Plaintiff’s overtime allowance was paid KRW 8,126,362; (c) annual leave allowance was paid KRW 1,626,40; and (d) retirement allowance was not paid within 14 days from the date of

【Ground of recognition】 The fact that there has been no dispute, entry in Gap 1, 4, 5, 6, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts as to the cause of the claim, it is reasonable to view that the Defendant did not pay the Plaintiff the overtime allowance of KRW 8,126,362, annual paid leave pay of KRW 1,626,40, annual paid leave pay of KRW 15,089,102.

B. As to the Defendant’s assertion 1), the Defendant paid the Plaintiff a retirement allowance in monthly installments from 2007 to 2009, and the Defendant paid the retirement allowance each year from 2010 to 2009 upon the Plaintiff’s interim settlement request. Thus, the Defendant did not have any unpaid retirement allowance to be paid to the Plaintiff, and even if it cannot be recognized as a retirement allowance with respect to the said paid money, the Defendant’s claim for return of unjust enrichment on the said money should be offset against the Plaintiff’s retirement allowance claim based on the statement in the evidence Nos. 8 to 11, 207, the Defendant paid all KRW 7,878,500 as indicated in the following table.