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. The Plaintiff received 50,000 won per day from June 4, 2013 to July 31, 2014, after being employed by the Defendant operating the “D” located in the voice-gun of Chungcheongbuk-gun as a daily worker and providing labor. The wage that the Plaintiff received for the three months immediately preceding the date of retirement was paid for 50,000 won per day. The wage that the Plaintiff received for the three months immediately preceding the date of retirement was paid for the same year.

6. 850,000 won, and the same year.

7. The facts of the cause of KRW 1,00,000, the fact that the Defendant’s retirement allowance to be paid to the Plaintiff by the Defendant does not conflict between the parties, or that the amount of retirement allowance to be paid to the Plaintiff is recognized by the statements in the evidence Nos. 1 and 2, and according to the above facts of recognition, the Defendant is liable to pay to the Plaintiff the amount of retirement allowance of KRW 1,001,440 and damages for delay at the rate of KRW 20% per annum from August 15, 2014 to the date of full payment, which is 14 days after the date of retirement of the Plaintiff.

2. Judgment on the defendant's assertion

A. The gist of the defendant's assertion is that the plaintiff worked for day duty in the above "D", and it does not reach one year since the actual working day falls short of one year, and thus, the plaintiff cannot respond to the plaintiff's claim for retirement allowance.

B. Determination 1) The original employee must work for at least 25 days a month, but does not meet the requirements of full-time, continuous, and subordinate nature of the employee who serves as the premise for the payment of retirement allowances under the Labor Standards Act, but if the employee continues to work for at least 4,5, or 15 days a month, the above requirements are met. Thus, even if he/she is a day-time employee, if he/she continues to work for at least 4,5, or 15 days a day-time employee, he/she shall be deemed a regular employee (see, e.g., Supreme Court en banc Decision 93Da26168, Jul. 11, 1995; Supreme Court Decision 93Da26168, Oct. 1, 2015). According to the document submitted by the Defendant on October 1, 2015, the Plaintiff may recognize the fact that he/she worked at the Defendant’s workplace for at least 20 days