The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The summary of the facts charged is the employer who is employed by five full-time workers in Busan-gun C, Busan-gun, and engaged in the manufacturing of shipbuilding machinery and industrial machinery. From May 11, 201 to November 30, 2015, the Defendant did not pay KRW 10,316,332 of E’s retirement pay retired from the above company within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

2. Defendant’s assertion and judgment

A. Although the Defendant’s assertion E continues absence from work for a long time and the calculation of retirement benefits should be made with the exception of the continuous period of absence from work, E is unable to pay retirement allowances as a result of disagreement with the wind to refuse to receive the amount of retirement calculated reasonably. Thus, the Defendant did not have intention to pay retirement allowances.

B. (1) The determination is reasonable to view that, even if a person is a person who is formally employed but has continued to work without suspending his/her daily employment relationship, he/she shall be deemed a commercial employee, and an employer shall pay the corresponding retirement allowance by calculating the continuous period of employment corresponding to his/her employee under the rules of employment and remuneration regulations, but where it is difficult to recognize his/her continuous employment under the social norms as his/her continuous employment inasmuch as the continuous employment relationship continues for a considerable period of time, it is reasonable to deem that his/her employment relationship had been terminated upon the implied termination of his/her employment relationship even without the express expression of intent of retirement (see Supreme Court Decision 2004Da66995, Apr. 28, 2006). As such, where a labor contract is terminated at the same time as the termination of his/her employment contract and at the same time a renewed or repeated contract is concluded, the number of years of continuous employment should be calculated by adding the renewed or repeated contract period (see Supreme Court Decision 93Da26168, Jul. 11, 1995).