1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The Plaintiff, upon being employed by the Defendant company that runs the wholesale and retail business of fishery products, retired on April 4, 2017.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the Defendant Company had worked from October 10, 2013 to April 4, 2017, and claims for retirement allowance of KRW 13,110,58 and delay damages.

As to this, the defendant asserts that the plaintiff was employed by the defendant company in January 2015 and then went back on June of the same year, and that he was re-employed on January 2016, but retired on August of the same year, and that he was retired on September of the same year, and that he did not have an obligation to pay retirement pay, since each continuous service period is less than one year, such as the plaintiff's re-employed on September 2016 and retired on April 2017.

(B) On the other hand, the plaintiff asserts that he did not have re-entered after retirement only two or three times during his working period.

The judgment of this court 1) Even if the plaintiff's service period is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are significant evidence. Thus, in light of other evidence submitted in the civil trial, it cannot be recognized that the facts against this conclusion are opposed to this, unless there are special circumstances that it is difficult to adopt the factual judgment in a criminal trial in light of other evidence submitted in the civil trial (see Supreme Court Decision 92Da31453, Jan. 15, 1993). C (the husband of the defendant company) practically operating the defendant company as the employer, "The plaintiff's retirement allowance of 13,10,588, who is an employee of the defendant company at the defendant company's workplace, was not paid within 14 days from the date of retirement without any special circumstances" is confirmed by the summary order of a fine due to criminal facts (see Supreme Court Decision 2018Da3976, Oct. 10, 2013).