1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Determination on the grounds for appeal

A. The Plaintiff, who served as the Defendant’s debt collection source, claimed retirement benefits, and in the first instance trial, the period for calculating the average wage, which is the basis for the calculation of retirement benefits, was disputed.

On the other hand, the court of first instance accepted the defendant's assertion that the plaintiff is a worker, and accepted the defendant's claim that the amount calculated by dividing the total amount of wages paid for three months before retirement by the total number of days during that period by the average wage (Articles 8 (1) and 2 subparagraph 4 of the Act on the Guarantee of Workers' Retirement Benefits and Article 2 subparagraph 6 of the Labor Standards Act), unlike the method of calculating the ordinary retirement allowance by the average wage (Article 8 (1) and Article 2 subparagraph 4 of the Act on the Guarantee of Workers' Retirement Benefits and Article 2

B. The ground of appeal by the plaintiff is that the calculation of retirement allowance in the judgment of the court of first instance is unfair.

The total amount of wages received by the Plaintiff for three months prior to his/her retirement does not amount to the extent that he/she should calculate the retirement allowance differently from the ordinary method of calculating the retirement allowance, and even if the retirement allowance was calculated differently from the ordinary method, the total amount of wages received for one year prior to his/her retirement is considerably low, so the total amount of wages received for three years prior to his/her retirement shall be calculated by dividing the period by the total number of days

C. Under the Labor Standards Act, the term “average wages” means the amount calculated by dividing the total amount of wages paid to a worker during the three-month period immediately before the day on which a cause for calculating the average wages occurred by the total number of days in that period. Articles 2 through 4 of the Enforcement Decree of the Labor Standards Act provide the special provisions on average wages again, and Article 5 provides that where the average wages cannot be calculated pursuant to the Labor Standards Act and the Enforcement Decree thereof,