1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff”) is a legal entity that operates the steel structure manufacturing business, etc.; Defendant B from December 7, 2012 to August 17, 2015; and Defendant C from February 15, 2013 to August 17, 2015, respectively, worked for each Plaintiff’s company as an contact.

B. On November 2, 2015, the Defendants submitted a written petition on the grounds that D, the representative director of the Plaintiff company, had not been paid retirement allowances to the Busan Regional Employment and Labor Office. On February 12, 2016, the Busan Regional Employment and Labor Office issued a “business owner’s confirmation letter, such as delayed payment,” stating that D did not pay retirement allowances of KRW 9,214,186 to Defendant B and Defendant C.

C. D, on April 6, 2016, issued a summary order of KRW 2 million due to the Defendants’ violation of the Guarantee of Workers’ Retirement Benefits Act due to the delayed payment of KRW 18,235,827, as the Busan District Court Decision 2016 High Court Decision 201Da1432, Apr. 6, 2016, and the said summary order was finalized on April 19, 2016.

On the other hand, the contract of employment prepared by the Defendants between the Plaintiff Company includes the following contents, and the Defendants, on April 2, 2014, prepared a retirement allowance commitment with the purport that “the monthly payment of wages includes retirement allowances, and promised not to raise any objection upon retirement,” and issued it to the Plaintiff Company.

5. Wages - The number of working days of 95,00 won per day determined by an employer and an employee shall be added up from the first day of each month to the last day, and the number of overtime work shall be calculated as 1.5 times the daily

As above, various legal allowances, such as basic pay (75.5%), parking (10.1%), monthly (2.7%), annual (2.3%) and retirement pay (9.5%) are included.

The basis for recognition has been written as a % for convenience. [The basis for recognition] without dispute, each entry of Gap 1, 2, and 6, Eul 1 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. The plaintiff's assertion.