1. The Defendant shall pay to the Plaintiff KRW 47,695,158 and the interest rate of KRW 20% per annum from November 15, 2014 to the day of full payment.

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1 through 20 (including the number of branch numbers; hereinafter the same shall apply) and the facts of recognition, the plaintiff is recognized as having been employed by the defendant on October 1, 201 and having worked until August 20, 2014 (the period of employment is 105 days).

1) An employer shall set up one or more retirement benefit systems to pay wages to retired workers whose period of continuous employment is not less than one year (Article 4 of the Guarantee of Workers' Retirement Benefits Act). The Defendant set up a retirement allowance scheme among them (Article 56 of the Rules of Employment of the Defendant, and subparagraph 5 of the Rules of Employment): The retirement allowance must be paid within 14 days from the date on which the ground for payment occurred. 2) Accordingly, according to the above recognition, the Defendant is obligated to pay the retirement allowance to the Plaintiff up to September 3, 2014.

3) We examine the amount of retirement allowance. An employer who has established a retirement allowance system must establish a system under which the employee shall pay the employee’s average wage for at least 30 days for each year of his/her continuous service (Article 8 of the Guarantee of Workers’ Retirement Benefits Act). The Defendant established a system under which the employee shall pay the employee’s average wage for at least 30 days for each year of his/her continuous service (Article 8 of the Guarantee of Workers’ Retirement Benefits Act). The average wage refers to the amount calculated by dividing the total amount of wages paid to the employee during the three-month period prior to the date on which the ground for calculation occurred by the total number of days during that three-month period (Article 2 subparag. 4 of the Guarantee of Workers’ Retirement Benefits Act and Article 2 subparag. 6 of the Labor Standards Act). According to the evidence No. 3, the employee’s wages for the three-month period is 36,250,000 won [=12,083,334 won per month prior to the Plaintiff’s retirement (= base wage = 12,500 days per day);

That is, retirement pay is 34,166,478 won (=394,021 won x 30 days x (105/365).