1. The defendant stated the "legal retirement allowance" in the annexed retirement allowance calculation sheet to the plaintiffs, as well as the corresponding money.

1. The criteria for determining whether a worker is a worker under the Labor Standards Act are presented in detail, but the standard itself needs to be comprehensively determined various elements.

In this case, the plaintiffs' worker status is recognized by comprehensively taking into account documentary evidence submitted by both parties and the judgment of related cases against the defendant.

Except as follows, there is no dispute between the parties regarding the matters listed in the attached retirement allowance calculation table, such as the plaintiffs' working period.

2. The retirement date (Plaintiff B and C) No. 18-2, the termination date of Plaintiff C’s second retirement date is indicated as January 17, 2019; and the termination date of Plaintiff C’s second retirement date is indicated as June 10, 2019; however, in light of the respective descriptions in the evidence No. 18 and No. 23-2, Plaintiff B’s second retirement date is recognized as December 7, 2018; and in light of the respective descriptions in the evidence No. 23, 24, and 29-29, Plaintiff C’s second retirement date is recognized as May 3, 2019.

3. The amount of retirement (Plaintiff C) No. 23 shall be 78,017 won when calculating the daily average wage related to Plaintiff C’s second retirement, and the amount of the second retirement shall be 3,834,054 won.

4. According to the extinctive prescription (Plaintiff D and B) No. 27-1, 2, and 28-2 of the evidence No. 27-1, 28-2, Plaintiff D notified the Defendant to pay a retirement allowance on September 6, 2016 and on August 29, 2019 after Plaintiff B retired (the first retirement) and notified the Defendant to pay a retirement allowance on August 8, 2019, it is recognized that Plaintiff B notified the Defendant to pay a retirement allowance on August 5, 2019. Since the instant lawsuit date was December 2, 2019, the extinctive prescription period was interrupted, and the Defendant’s defense against the extinctive prescription has no merit.

5. Accordingly, the defendant is obligated to pay to the plaintiffs the amount in the separate sheet for calculation of the retirement allowance "legal retirement allowance" as well as damages for delay calculated at the rate of 20% per annum under the Labor Standards Act from each corresponding day to the day of full payment. Thus, the plaintiffs' claim is justified.