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. Facts of recognition;

A. From February 4, 2013 to January 31, 2015, the Plaintiff served as a designer in the manufacturing company of the trade name “C” operated by the Defendant.

Retirement allowances calculated according to the plaintiff's work period and salary are 3,247,467 won.

B. The Plaintiff filed a petition with the Gyeyang-gu Regional Employment and Labor Agency for the purport that the Defendant did not pay a retirement allowance, and the Defendant was sentenced to a stay of a fine on August 20, 2015 due to a violation of the Act on the Guarantee of Workers' Retirement Benefits, that the Plaintiff did not pay the Plaintiff’s retirement allowance within 14 days from the date of retirement (which was sentenced to a stay of sentence of a fine on August 20, 2015). The said judgment became final and conclusive on August 28, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 27, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff retirement allowance of KRW 3,247,467 and damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from February 15, 2015 to the date of full payment, 14 days after the date of occurrence of the cause of payment.

3. Judgment on the defendant's assertion

A. The Defendant asserted that the Plaintiff and the retirement allowance were to be paid in installments with the monthly salary, and that the Plaintiff paid the retirement allowance to the Plaintiff in accordance with the above agreement.

B. In a case where an employer and an employee agreed to pay in advance a certain amount of money as retirement allowance along with a monthly or daily allowance paid by the employer and the employee, such agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits, unless it is acknowledged as an interim settlement of accounts for retirement benefits as stipulated in the main sentence of Article 8(2) of the same Act, and thus, the employer has paid in advance a certain amount of money in the name of retirement allowance to the employee under the above agreement.

(b)if any;