1. The Defendant’s KRW 32,487,524 as well as its annual 6% from March 16, 2018 to August 14, 2020 to the Plaintiff.

1. Basic facts

A. The Plaintiff retired after serving in the Defendant Company from February 21, 200 to March 1, 2018.

B. As to the Plaintiff’s failure to pay KRW 2,971,220, retirement allowance of KRW 29,516,304 as wages for April 14, 2014 and retirement allowance of KRW 29,516,304 within 14 days from the date of termination of the employment relationship, Defendant Company C was indicted for violating the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits (U.S. District Court Decision 2019Da366), and was sentenced to a conviction of KRW 4 million (hereinafter “instant criminal judgment”) on November 14, 2019, and the said judgment became final and conclusive as is.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff asserted that ① 2,971,20 won in arrears for April 2014; ② 7,488,000 won in arrears for which wages were not paid from December 2015 to September 2016 (=748,800 won per month x 10 months); ③ 6,364,800 won in arrears for which wages were not paid from October 2016 to February 2018 (3) 6,364,80 won in total (374,400 won per month x 17 months); ④ the amount of unpaid annual wages from around 2014 to 2017; and ④ the amount of unpaid wages from around 11,175,840 won; ⑤ the amount of unpaid wages from around 2015 to 2017; and ④ the Defendant Company’s allegation that the amount of unpaid wages was not paid from around 2014 to 2017.216

(2) In addition, retirement allowances shall be calculated on the basis of the above reduced wages.

③ Although Defendant Company and its employees agree to set a holiday on a fixed day each year and to substitute that day with annual leave, the Plaintiff agreed to substitute that day.