1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed at the trial.

Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.

1. Facts of recognition;

A. The Defendant is a company that engages in information service business, etc. using seven full-time workers. The Plaintiff entered into an employment contract with the Defendant on November 26, 2013, and the Plaintiff served as an electrical engineer from around that time to December 14, 2014, while engaging in electric wires, programs, design, etc., and received benefits from the Defendant each month amounting to KRW 1.6 million or KRW 1.8 million.

(The period of probationary period is 1.3 million won per month).

The Plaintiff retired on December 14, 2014, and was not paid KRW 821,930 as well as KRW 1,889,100 as retirement allowances by the Defendant for December 2014.

C. On July 1, 2015, a summary order of KRW 500,00 was issued on July 1, 2015 on the charge of violation of the Labor Standards Act that the Plaintiff did not pay KRW 821,930, retirement allowance of KRW 1,889,100 within 14 days from the date of the Plaintiff’s retirement without agreement on the extension of the payment due date between the Plaintiff and the Plaintiff, and the summary order was finalized on September 11, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to Article 36 of the Labor Standards Act and Article 9 of the Guarantee of Workers' Retirement Benefits Act, when an employee retires, the employer shall pay the wages and retirement allowances within 14 days from the time when the cause for the payment thereof occurred, and according to the facts recognized earlier, the Plaintiff was not paid the wages of 821,930 won for December 2014 (=1,820,000 won x 14 days x 14 days / 31 days, and less than 31 days x 385 days from November 26, 2013 to December 14, 2014. As such, the Defendant retired from office after serving in the Defendant Company for 821,930 won unpaid wages and retirement allowances for 385 days from November 26, 2013 to December 14, 2014.