1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is employed by the Defendant, who runs the manufacturing and wholesale business of medical instruments, and works as a production management employee from July 2, 2012 to September 11, 2015.

The retirement was made.

B. The Plaintiff was not paid annual leave allowances of KRW 1,761,759 from the Defendant (i.e., KRW 522,526 for the year 2013, KRW 644,401 for the year 2014, KRW 594,832 for the year 2015).

C. The main contents of the employment contract between the Plaintiff and the Defendant as well as the employment rules of the Defendant are as follows.

【Labor Contract】

3. Method of payment;

(c) An annual allowance shall be paid in installments each month, including an annual salary for 15 days or more based on the amount included in the annual salary (amount included in the basic salary for an annual salary) / [Employment Rules] Article 28 (Annual Leave) (1) year’s paid leave of at least 80 percent for one year in the annual salary;

(2) No separate annual leave under paragraph (1) shall be given.

Article 29 (Use of Annual Leave) Since annual leave is included in the annual salary pay of the members, it is paid monthlyly, it is not a separate leave.

Provided, That if necessary, it may be replaced by a unpaid leave pursuant to Article 33.

Article 30 (Substitution of Annual Leave) ① Annual leave is paid in annual salary pay of members, including annual allowances, so a separate leave is not granted.

(2) If necessary for a separate leave, a member may use the leave when he/she approves by applying for it to the representative director three days prior to the annual leave, and shall not exceed three days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant calculated 20% per annum under the Labor Standards Act from September 26, 2015 to the day of full payment, with respect to the Plaintiff’s annual leave allowance of KRW 1,761,759, and the date of termination of the right to designate the annual leave of absence and the Plaintiff’s retirement date, 14 days after the date of full payment.