All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court rejected the Defendant’s assertion that the labor contract between the Plaintiffs and the Defendant constitutes a false representation or that the Defendant’s representative director was invalid by abusing the Defendant’s power of representation.

In light of the relevant legal principles and records, the lower court’s determination is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the false

2. Even if the Plaintiffs’ grounds of appeal were to be calculated on the basis of the principle stipulated in the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, there was a change in the amount of wages due to the workers’ retirement special and incidental circumstances for a certain period of time, and thus, in exceptional cases where it is deemed that the average wage calculated as above is considerably small or large compared to ordinary cases when comprehensively assessing all the circumstances, including the total period of work, the period of change in the amount of wages, the length of the change in the amount of wages, and the degree of change in the amount of wages, etc., the calculation of retirement pay based on such exceptional circumstances is not permissible in light of the spirit of the Labor Standards Act, which is to calculate the amount of retirement pay based on the worker’s ordinary living wage. Therefore, the average wage

(see, e.g., Supreme Court Decision 2009Da99396, Apr. 15, 2010). Based on its stated reasoning, the lower court determined that the average wage calculated on the basis of the increased amount of wages against the Plaintiffs according to the principles stipulated in the Labor Standards Act and the Enforcement Decree of the Labor Standards Act, etc.