A. From January 1, 2013, the Plaintiff has been working as a daily worker at a personal business entity with the trade name “C” operated by the Defendant’s representative from around January 1, 2013, and upon the establishment of the Defendant corporation on February 11, 2016, the Plaintiff has been working in the Defendant corporation.

B. On July 2, 2018, the Defendant retired the Plaintiff.

Plaintiff

The defendant as of the retirement day was less than five regular workers.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6, order for submission of documents to the National Health Insurance Corporation by this court, results of reply, purport of whole pleadings

2. Determination on the cause of the claim

A. 1) According to the facts and evidence as seen earlier before the duty to pay retirement allowances, the Plaintiff was found to have retired while providing the Defendant with labor for more than one year. As such, the Defendant is obligated to pay the Plaintiff a 30-day average wage for one year of continuous employment under the Guarantee of Workers' Retirement Benefits Act as retirement allowances. For this, the Defendant asserted to the effect that the Plaintiff entered into an agreement on the settlement of accounts regarding retirement allowances, but there is no evidence to acknowledge it. 2) The average wage, which serves as the basis for calculating the above average wage, is the amount calculated by dividing the total amount of wages paid to the retired employee for the three months prior to the date of retirement by the total number

In full view of the purport of the argument in Gap evidence No. 4, the average wage per day, which serves as the basis for the calculation of retirement allowances, is KRW 11,653,526 as stated below, and the total number of days, is KRW 91,00,060, as it is stated below, for three months before the plaintiff's retirement.

If an employee who had been employed and worked in an individual company for the continuous service years continues to work even after being converted into a corporation, the employment relationship continues to exist from the time of the first entry to the time of withdrawal, and thus, the period of continuous service, which serves as the basis for the calculation of