The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The judgment of the court of first instance is rendered on March 18, 2019 in the judgment of the court of first instance.

1. Basic facts

A. On March 21, 2016, the Plaintiff was employed by the Defendant and served at his own production facilities.

B. On February 20, 2019, the Plaintiff filed a petition against the Defendant with the Gwangju Regional Labor Office having been in arrears with retirement allowances, etc. on May 2, 2019. On May 2, 2019, the Plaintiff issued a business owner’s confirmation letter, such as delayed payment of the Plaintiff’s retirement allowances of KRW 6,378,854, and other money and valuables (pre-determination allowances) that the Defendant had worked with the head of the said branch office from March 21, 2016 to March 3, 2018, including the Plaintiff’s retirement allowances of KRW 3,510,88,854, total amount of KRW 9,854.

[Reasons for Recognition] The facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff constitutes a worker under the Labor Standards Act, and thus, the Defendant is obligated to pay retirement allowances, etc. to the Plaintiff.

B. From March 2016, the Plaintiff’s work as a machinery operator at the self-production facility operated by the Defendant from around March 2016, and thus does not constitute an employee subject to retirement allowances.

Furthermore, the plaintiff has been working in the above working form so far, and the defendant does not dismiss the plaintiff.

Therefore, the plaintiff cannot respond to the plaintiff's claim for retirement allowance and dismissal allowance.

3. Determination

A. 1) An employer of the relevant legal doctrine must pay a retirement allowance within 14 days from the date on which the reason for payment occurred when a worker retires.

An employer shall establish one or more retirement benefit systems to pay wages to retired workers: Provided, That this shall not apply to a worker whose continuous work period is less than one year (Articles 4(1) and 9 of the Act on the Guarantee of Retirement Benefits of Workers). Upon the expiration of the contract period, an employer has entered into a labor contract again with the expiration of the contract period, and thus has renewed the contract period or has the same condition.