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. Facts of recognition;

A. The Plaintiff provided labor from August 18, 2008 to August 30, 2013, which was operated by the Defendant, and retired.

B. Money not paid by the Plaintiff from the Defendant is KRW 463,144 in 2010, annual allowance of KRW 734,848 in 201, annual allowance of KRW 734,848 in 2012, annual allowance of KRW 734,848 in 2013, annual allowance of KRW 780,776 in 2013, total annual allowance of KRW 2,713,616 in 2013, and the difference between KRW 4,212,728 in retirement allowance.

C. The Plaintiff filed a complaint on the grounds that the Defendant did not pay annual allowances and retirement allowances, and on May 27, 2016, the Defendant was sentenced to a fine of KRW 1 million due to the violation of the Labor Standards Act, etc. by the Seo-gu District Court Branch Branching the Daegu District Court (2015 High Court 32).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 4 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion provided labor to the Defendant and retired on August 30, 2013, the Plaintiff was not paid KRW 6,926,344 in total, 2,713,616 in annual leave allowances, and 4,212,728 in total, 6,926,344 in annual leave allowances. As such, the Defendant is liable to pay the Plaintiff the said KRW 6,926,344 and delay damages therefrom.

B. The defendant asserted that, except for the number of persons to be examined and delivered at the defendant's place of business, and the number of persons working at the distribution center, regular employees are only one general officer and one accounting officer, and that there is no obligation to pay the above amount to the plaintiff because they do not fall under five or more workplaces

3. According to the above facts, the Defendant is obligated to pay to the Plaintiff annual leave allowances of KRW 2,713,616, the difference in retirement allowances of KRW 4,212,728, the total amount of KRW 6,926,344, and damages for delay at the rate of KRW 20% per annum from September 14, 2013 to the date of full payment, which is the 14th day following the day on which the ground for retirement occurred.

The defendant asserts that the defendant is not more than five business places under the Labor Standards Act, but there is no evidence to prove it, and rather, the above 2015 Go-Ma32.