1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. Defendant Company is a company running a golf course, etc. with the name of “D” in Gwangju City, and the Plaintiff is an employee who performed duties, such as the beginning work, landscaping planting, and horizontal work at the above golf course from February 2003 to September 2012.

B. From around February 200 to February 2012, the Defendant Company employed 25 to 50 fixed-term workers each year through the manpower dispatch company or employment announcement in order to employ the manpower managing golf courses, such as the golf course beginning work, tree planting, cleaning, and soil mergator, and the Plaintiff was employed as fixed-term workers in the Defendant Company through the manpower dispatch company operated by E.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 3, the purport of the whole pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion has been employed as an employee of the Defendant Company’s golf course from May 200 to September 29, 2012 during the period from around May 200 to around that of September 29, 201.

Although the Plaintiff’s annual wintered approximately one half of the month, it was merely due to the nature of the Defendant Company’s golf course in winter, and the Plaintiff’s work provided to the Defendant Company is continuous, so the Defendant Company is obliged to pay retirement allowances to the Plaintiff, who is an employee with a continuous work period of not less than one year.

B. According to Article 4(1) of the Guarantee of Workers' Retirement Benefits Act, “an employer shall set up one or more retirement benefit systems to pay wages to retired workers: Provided, That the same shall not apply to workers whose continuous employment period is less than one year.” Here, “period of continuous employment” refers to the period of continuous employment, regardless of whether an employee is in a position, and is employed as an employee at a business or workplace subject to the retirement benefit scheme and then is suspended from work.