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. Basic facts

A. Defendant Company is an asset management company established on February 9, 199 and engaged in collective investment business as its main business.

B. On April 1, 2015, while serving as a member of the Defendant Company, the Plaintiff retired on July 31, 2018. From April 30, 2015 to June 22, 2017, the Plaintiff was registered as an internal director in the corporate register of the Defendant Company.

C. The Defendant Company has no provision on retirement benefits for executives, and the employee has established and operated a defined retirement pension plan for the payment of retirement benefits under the Guarantee of Workers' Retirement Benefits Act (hereinafter “Retirement Benefits Act”). However, the Defendant Company did not pay 20,662,838 won of retirement pension contributions during the Plaintiff’s retirement pension plan account for the reason that the Plaintiff was an executive during the period of registration as an internal director.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 8, Eul evidence 10, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) was a formal director even during the period in which the plaintiff was registered as an internal director on the corporate register, and was actually an employee under the Labor Standards Act. As such, the defendant company did not have paid the amount of 20,662,838 won to the plaintiff's retirement pension account pursuant to Article 20 (1) of the Retirement Benefits Act. Since the plaintiff was unable to receive the corresponding retirement pension as a result of his retirement, the defendant company is obligated to pay the plaintiff the amount of 20,662,838 won and the compensation for delay thereof. 2) The defendant company is not a worker under the Labor Standards Act during the period in which the plaintiff was employed as the registration officer, but did not pay the amount of the retirement pension during that period.

If the plaintiff is regarded as an employee, the plaintiff is bound by the resignation of in-house director in addition to normal wages from the defendant company on June 23, 2017 while the plaintiff was released from the registration director.