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1. The defendant
A. 73,276,680 won against Plaintiff A;
B. Plaintiff B’s gold 23,096,868 won and each of them shall be subject to September 2016.
Reasons
1. According to the statements in Gap evidence Nos. 7 through 10, the plaintiffs as the defendant's employees, are obligated to pay the plaintiff's unpaid retirement allowances from December 1, 2001 to August 31, 201, and from December 24, 2010 to August 31, 2016, and were not paid retirement allowances. The defendant's representative D was sentenced to a suspended sentence of one year for a violation of the Act on the Guarantee of Workers' Retirement Benefits (No. 2017Ga-Ma224). Accordingly, the defendant is obligated to pay the plaintiff's unpaid retirement allowances.
2. Furthermore, the Defendant’s operating rules recognized by the evidence Nos. 2 through 6, and 9 through 11 with respect to the amount of retirement pay to be paid by the Defendant, and the Plaintiffs’ retirement allowance details calculated accordingly are as shown in the separate sheet (attached sheet cited by the Plaintiff’s written brief dated October 16, 2017, which conforms to the above evidence).
In this regard, the defendant argued that some of the retirement allowances paid in installments, separately from the monthly wages, should be reduced to the amount of the retirement allowances paid, but there is no evidence to acknowledge that there is no interim settlement of accounts or installment payment (the statement in Gap evidence 7 seems to have not existed). Even if it is assumed that there was an agreement on the installment payment of retirement allowances, the Guarantee of Workers' Retirement Benefits Act stipulates that the retirement benefits Act provides that the "retirement" shall be paid to the "retirement" to the employer, and as long as the employment contract remains in existence as the termination of the employment relationship is the requirement, there is no room for the obligation to pay the retirement allowances as long as the employment contract remains in existence, the payment of retirement allowances shall be made in every month.