1. The Defendant’s KRW 106,753 as well as to the Plaintiff’s KRW 6% per annum from April 8, 2015 to June 2, 2017, and the next day.

1. Basic facts

A. The defendant is a person who operates manufacturing business, etc. under the trade name of C.

B. The Plaintiff, as employed by the Defendant, provided labor at the Defendant’s workplace from April 5, 2004 to November 5, 2013.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C is governed by the retirement benefit scheme regardless of Article 8 of the Addenda to the Guarantee of Workers’ Retirement Benefits Act, regardless of the number of regular workers at least five. Therefore, the Plaintiff’s unpaid retirement benefits are KRW 24,586,515.

In addition, the Plaintiff appears to be a clerical error in KRW 480,448, as stated in the complaint of KRW 470,448, which was included in the overtime allowance of KRW 470,448 from September 19, 2013 to November 4, 2013.

not paid.

B. Since the Defendant’s assertion C is less than five regular employees, it is obligated to pay 50% of retirement allowances from December 1, 2010 to December 31, 2012 under Article 8 of the Addenda to the Guarantee of Workers’ Retirement Benefits Act.

Accordingly, when calculating the retirement allowance of the plaintiff, the amount of 4,247,260 won was paid to the plaintiff, and the defendant paid the amount of 4,200,000 won to the plaintiff.

In addition, the plaintiff did not engage in overtime work, and worked overtime work.

This was already included in wages.

3. Determination

A. According to the relevant statutes and regulations, the Guarantee of Workers' Retirement Benefits Act (the Act on the Guarantee of Workers' Retirement Benefits) has been enacted on January 27, 2005 by separating the retirement allowance system under the Labor Standards Act and was in force on December 1, 2005. According to Article 3 of the Guarantee of Workers' Retirement Benefits Act, Article 1 of the Addenda to the same Act (the Act on January 27, 2005) and Article 2 of the Addenda to the Enforcement Decree of the same Act (the Act on September 29, 2010), the Guarantee of Workers' Retirement Benefits Act applies to all businesses or workplaces that employ workers from December 1, 2005: Provided, That the Act on the Guarantee of Workers' Retirement Benefits applies to workplaces that ordinarily employ four or less workers from December 1, 2010 (the Act on the Guarantee of Workers' Retirement Benefits).