1. The Defendant’s compulsory execution against the Plaintiff on January 2, 2018 by the Seoul Western District Court 2017 tea 92667.

1. Basic facts

A. The Defendant worked for the Plaintiff Company and retired on August 31, 2014.

B. On December 11, 2017, the Defendant filed an application for payment order against the Plaintiff seeking payment of KRW 46,887,469 and delay damages on the ground that the Defendant did not receive KRW 46,887,469 in total, including KRW 32,302,319 (hereinafter “instant wage claim”) and KRW 14,585,150 (hereinafter “instant retirement allowance claim”).

On January 2, 2018, an order for payment was issued upon the above request, and the above order for payment was finalized on January 23, 2018.

(Seoul Western District Court 2017 tea92667, hereinafter referred to as the "instant payment order"). [The grounds for recognition] The fact that there is no dispute, entry of Gap evidence 1 and 2, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s wage claim and retirement allowance claim of the instant case were extinguished by prescription on September 1, 2017, before the Defendant applied for a payment order.

B. The Defendant’s assertion that the Plaintiff would pay the overdue wages and retirement pay within 2015 as the company’s circumstances may arise when the Plaintiff demanded the Defendant to withdraw the case of the labor office’s petition, and the Defendant withdrawn the petition on June 25, 2015.

The Defendant cannot be deemed to have extinguished the statute of limitations on the instant wage claim and retirement allowance claim, since the Plaintiff applied for a payment order because it did not comply with the said promise.

3. Determination

A. According to the main text of 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 wages, compensations, and other money and other valuables and retirement allowances within 14 days from the time when the cause for such payment occurred, and pursuant to Article 49 of the Labor Standards Act and Article 10 of the Guarantee of Workers' Retirement Benefits Act, the right to receive wages, claims

On the other hand, the approval of debt as a ground for interruption of extinctive prescription has a right against a person who is a party to the benefit of prescription and who would lose the right due to the completion of extinctive prescription.