1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 1, 2001, the Plaintiff employed to the Defendant’s Environmental Protection Department and the Environmental Resource Business Office on January 201, 201, changed its affiliation to the Environmental Resources Business Office, and on June 30, 2015, the Plaintiff served for 13 years and 7 months as a inorganic contract worker (a street cleaners).

B. Upon the Plaintiff’s retirement, the Defendant calculated the retirement allowance as KRW 50,615,080 (=average wage of KRW 30 days = average wage of KRW 3,726,952.8 (i.e., KRW 124,231.76 x 30 days) ¡¿ 13 years and 7 months (4927/365) of the continuous employment. The Defendant paid the said amount to the Plaintiff on May 10, 2016, when the instant lawsuit was pending.

[Ground of recognition] Unsatisfy, Gap evidence 1, 4 (including branch numbers in case of a tentative number), Eul evidence 9, the purport of the whole pleadings

2. Determination

A. According to the Ministry of the Interior and Safety (hereinafter “the Ministry of the Interior”)’s summary of the Plaintiff’s assertion, the budget compilation reference materials related to the cost of street cleaners personnel in 2008 (hereinafter “Reference materials in 2008”) shall be calculated as “monthly average remuneration x year of service (additional number of years of service in the military service) x 150/100” in the case of a person who has served as an employee for at least ten years since January 1, 200, and the retirement promotion system shall be applied to the Plaintiff. As such, the above retirement promotion system shall also be applied to the Plaintiff. Accordingly, the Defendant is obligated to pay the Plaintiff the difference between the retirement allowance calculated by subtracting the actual amount of KRW 50,615,080 from the retirement allowance accumulated in the retirement allowance system applied to the Plaintiff, 24,674,010 and the delay damages.

B. In full view of the overall purport of the arguments in Gap evidence No. 5, the Ministry of Government Administration and Home Affairs notified Gangwon-do and notified it to the competent local government in 2008, according to reference materials for the year 2008 that Gangwon-do sent to the competent local government, in calculating the retirement allowance for street cleaners, the monthly average remuneration x the number of years of service (the number of years of service in the military service period) x 150/100 x the amount of monthly average remuneration x 10 years in the calculation of the retirement allowance for street cleanerss.