1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,482,127 as well as to the plaintiff on July 3, 2013.

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was: (a) the Plaintiff served in C operated by the Defendant; (b) from January 23, 2012 to June 18, 2013, the Plaintiff was not paid KRW 3,664,234 (i.e., overtime work allowances of KRW 2,223,750 in 2012 (i.e., KRW 1,440,484 in 2013); (c) retirement allowances of KRW 1,256,492 in total (i.e., KRW 3,620,578 in - KRW 2,364,086 in total); and (d) KRW 4,902,726 in total.

Therefore, the defendant is liable to pay to the plaintiff 4,902,726 won and damages for delay.

B. In light of no dispute between the parties to the determination, or considering the overall purport of the pleadings in the statements in Gap evidence Nos. 1 through 3, Eul evidence Nos. 4 through 7, 10, and 11, the Plaintiff served as a production worker in C operated by the Defendant from June 17, 2011 to June 18, 2013. From January 23, 2012 to June 18, 2013, the Plaintiff could recognize the fact that the Plaintiff was unable to receive retirement allowance of KRW 881,801 (i.e., lawful wages of KRW 27,135,897, including overtime allowances - the paid wages of KRW 26,254,096), retirement allowance of KRW 660,326 (i.e., the paid retirement allowance of KRW 2,964,412 - the paid retirement allowance of KRW 2,364,086).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum under Article 37(1) of the Labor Standards Act and Article 17 of the Enforcement Decree of the Labor Standards Act from July 3, 2013 to the date of full payment with respect to KRW 1,482,127 and its 14 days after the retirement of the Plaintiff.

Meanwhile, the Plaintiff sought payment of each of the above money by citing the Defendant’s assertion that the unpaid overtime allowance calculated by the Defendant entrusted to a certified labor affairs consultant in the first instance trial is KRW 3,662,234, and that retirement allowance is KRW 1,256,492. However, even if the Plaintiff made a statement in the Defendant’s assertion regarding such assertion, the Plaintiff’s working days, extension and night work hours, and hourly amount, which are the specific details that are the basis for calculating each amount of overtime allowance and retirement allowance.