1. The Defendants shall jointly and severally serve as the Plaintiff the amount of KRW 40,922,430 and as a result, from October 20, 2014 to September 19, 2016.

1. Facts of recognition;

A. The Defendants are the operators of the Dobong-gu Seoul Metropolitan Government “E Hospital” located in D, and the Plaintiff, a doctor, served in the E Hospital from March 4, 2013 to October 19, 2014.

B. On April 16, 2013, when concluding a labor contract with the Defendants, the Plaintiff entered into an agreement with the Defendants that the contract period from March 4, 2013 to March 3, 2014, including KRW 330,360,000,000,000 as annual salary, and the said amount includes basic pay, overtime work allowances, night work allowances, retirement allowances, and annual salary (hereinafter “instant annual salary contract”).

C. The Defendants did not pay a separate amount as retirement allowance after the Plaintiff’s retirement.

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

2. Determination as to the cause of action

A. (1) Article 34 of the Labor Standards Act provides that “The retirement benefit scheme that an employer pays to a retired employee shall be governed by the Act on the Guarantee of Workers’ Retirement Benefits.”

In addition, Article 8(1) of the Guarantee of Workers' Retirement Benefits Act provides that "an employer who intends to establish a retirement allowance system shall establish a system that allows the payment of average wages for at least 30 days for each year of continuous employment as retirement allowances."

The term "average wage" refers to the amount calculated by dividing the total amount of wages paid to the relevant worker during the three months prior to the day on which a cause for calculating his/her average wage occurred by the total number of days

(Article 2 subparag. 4 of the Guarantee of Workers' Retirement Benefits Act and Article 2(1)6 of the Labor Standards Act). The total amount of wages, which forms the basis of the calculation of average wages, are all money and valuables paid by an employer to an employee as the object of his/her work, which is continuously and regularly paid to the employee and under collective agreements, employment