1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. The reasons stated in this case by the court of first instance are as follows: “The defendant has a duty to delete the “(s)” of the 6th three of the 9th decision of the court of first instance (s) and “(s)” (s) of the 9th decision; however, in light of the above circumstances, it is difficult to deem that the plaintiff has formed a legal relationship on the premise of a delegation contract with the defendant. In other words, the plaintiff’s claim for retirement allowance against the defendant is contrary to the principle of good faith, and it is not acceptable in light of the concept of justice as it goes against the principle of good faith, and there is no other evidence to prove that the plaintiff’s claim for retirement allowance against the defendant is contrary to the principle of good faith and it is not acceptable in light of the concept of justice, the above argument is without merit).” Since the 9th decision of the court of first instance is written in the corresponding part of the court of first instance which

2. The retirement allowances of a part-time employee shall be calculated by means of multiplying the total amount of wages received during the three months preceding his/her retirement in accordance with the calculation method under the relevant provisions of the Labor Standards Act by the number of his/her service days per day divided by the average wages of 30 days per day.

However, even if the amount of wage is calculated in accordance with the principle stipulated in the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, there was a change in the amount of wage due to the special and incidental circumstances regarding the employee’s retirement for a certain period of time. Accordingly, in exceptional cases where the amount of wage calculated as above is deemed significantly less or more than ordinary cases when comprehensively assessing all the circumstances, including the entire period of work, the period of time during which the amount of wage changes, the degree of change in the amount of wage, etc., the calculation of the amount of retirement allowance based on such principle cannot be permitted in light of the spirit of the Labor Standards Act, in which the employee intends to calculate the amount of