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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. (1) On May 11, 2005, the Plaintiff retired on April 17, 2014 while working for the Defendant Company.
(2) On June 9, 2014, the Plaintiff filed a petition with the Seoul Northern District Office that the Defendant Company did not pay retirement allowances. On November 16, 2014, the Plaintiff confirmed that the Defendant Company delayed payment of retirement allowances of KRW 26,972,975 by the said branch office.
(3) On July 2, 2015, C was sentenced to a fine of KRW 3 million by the Seoul Northern District Court Decision 2014Da3828, Jul. 2, 2015, on the grounds that the Plaintiff’s retirement allowance was not paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned. The said judgment became final and conclusive on July 10, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff the unpaid retirement allowance of KRW 26,972,975 and damages for delay calculated at the rate of 20% per annum as stipulated in the Labor Standards Act from May 15, 2014 to the date of full payment, which the Plaintiff seeks, 14 days after the date of retirement of the Plaintiff.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that: (a) the former representative director C of the Defendant Company was employed as a temporary worker from February 12, 2007 to December 1, 201, 2013; and (b) there was no entry into an food service contract with the Defendant Company; and (c) C paid KRW 12,534,350 in total as the Plaintiff’s retirement allowance, and paid KRW 12,534,350 in total as the Plaintiff’s retirement
B. The reasoning of the judgment is as follows: (a) the Plaintiff, without entering into a fixed-term employment contract with the Defendant Company, served only on a temporary position from February 12, 2007 to December 1, 2013, without entering into the fixed-term employment contract with the Defendant Company.
Even if a worker has been actually employed or temporarily employed, such employment shall be applicable if it has been continued.