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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
From March 1, 1982, the Plaintiff retired on June 30, 2012 while serving in the Defendant Company. On January 12, 2010, the Plaintiff received KRW 119,729,900, an interim amount of retirement pay from the Defendant Company regarding the period of service “within 335 months from March 1, 1982,” and received retirement pay for two years and six months from June 30, 2012.
After that, the Plaintiff served as a commissioned member in the Defendant Company for more than two years, and received retirement allowances for two years of commissioned service period around June 30, 2014.
[Ground of recognition] The plaintiff asserted that there was no dispute, Gap's evidence Nos. 1, 3, Eul's evidence Nos. 1, and Eul's ground of claim as a whole, since April 1975, the plaintiff started to work for the defendant company as a day-time employee.
However, the retirement pay paid by the Defendant to the Plaintiff was not included in the number of years of continuous employment from April 1, 1975 to February 11, 1982.
Therefore, the Defendant is obligated to pay the Plaintiff a retirement allowance of KRW 31,078,658, and its delay damages calculated as the average wage of KRW 4,493,30 for the six-year period of service on a daily basis.
Judgment
In the form of relevant legal principles, even though they are employed as an employee, they are employed as an employee.
Even if the employment contract is terminated at the same time, if the employment contract is renewed at the same time, or if the employment contract is repeatedly concluded on the same condition, the number of years of continuous employment shall be calculated by adding up the period of continuous employment. If the employment contract is renewed at the same time as the employment contract is terminated, the number of years of continuous employment shall be calculated by adding up the period of continuous employment. If the employment contract is employed as a temporary employee and has been continuously worked without a blank period and without a change in the form of employment provided during the employment period, the period of employment as a temporary employee and the period of employment as a regular employee shall be
Supreme Court Decision 200 delivered on May 27, 1980