1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The Plaintiff asserted that he/she was employed as the Defendant on October 1, 1991, and retired on September 30, 2014. The Defendant paid 50% or more of the ordinary wages to the employees who worked for at least one month during the period subject to evaluation in the second and second half of the year, regardless of whether he/she is employed as a performance bonus. Thus, the performance bonus constitutes ordinary wages.

However, at the time of the above retirement of the Defendant, the Defendant calculated the retirement allowances of the Plaintiff for 2 years and 6 months and the retirement allowances of 18 months, excluding the Plaintiff’s annual performance bonus of KRW 8,736,000 from ordinary wages.

Therefore, the Defendant should additionally pay to the Plaintiff a retirement allowance of KRW 1,820,00 (=8,736,000 ± 12 months ± 2.5 years ±), an honorary retirement allowance of KRW 13,104,00 (i.e., the above KRW 8,736,000 ± 12 months ± 18 months) and delay damages therefrom (i.e., KRW 1,820,000).

2. Determination

(a) Ordinary wages under the Labor Standards Act which provide for the calculation standards for additional wages for overtime, night, and holiday work, pre-announcement allowances for dismissal, annual leave allowances, etc. and the minimum amount of average wages shall be money and other valuables agreed to be paid in compensation for contractual work (total work in cases of a contractor worker) ordinarily provided for contractual work hours and which are regularly, uniformly and fixedly paid;

Wages paid at intervals exceeding one month may be included in ordinary wages, if it is paid periodically, uniformly and uniformly.

In addition, fixed wage refers to the minimum wage that a worker who has worked on a voluntary day regardless of the name of the wage, i.e., the worker would be paid automatically and definitely in return for his/her daily work even if he/she retires on the following day. Thus, if the worker provided contractual work on a voluntary day, it is planned to be paid as a matter of course regardless of whether the worker satisfies additional conditions.