1. The plaintiff's claim is dismissed.

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

1. The parties' assertion and the issues of this case

A. The Plaintiff asserted that, under employment by the Defendant from December 1, 1995 to March 31, 201, the Plaintiff provided labor to the Defendant and retired from office, but did not receive retirement allowances of KRW 43,527,390. Accordingly, the Defendant asserted that the Defendant did not have a duty to pay retirement allowances to the Plaintiff because the Defendant’s workplace was a workplace with four full-time workers or less.

B. The plaintiff asserts that the defendant's workplace is at least five full-time workers, and even if not more than four full-time workers, the defendant agreed to pay the retirement allowance to the plaintiff, and that the defendant did not agree to pay the retirement allowance between the plaintiff and the plaintiff.

C. Therefore, the key issue of the instant case is: (a) whether the Defendant’s workplace is not less than five full-time workers, and (b) whether the Defendant’s workplace is less than four full-time workers, whether the Defendant agreed to pay the Plaintiff’s retirement allowance claimed by the Plaintiff.

2. Determination

A. Article 1 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (Law No. 7379, January 27, 2005) (Enforcement Date of this Act) (Enforcement Date shall enter into force on December 1, 2005) (whether the Defendant's workplace is five or more full-time workers)

Provided, That a business which ordinarily employs not more than four workers shall be implemented on the date prescribed by Presidential Decree within the period not exceeding 2010 years after 2008.

Notwithstanding the provisions of Articles 8 (1) and 12 (4) and subparagraph 1 (a) of Article 13, the amount of benefits for a business which employs not more than four regular employees, the amount of benefits for a defined benefit plan and the amount of employer's contribution to a defined contribution plan, which are applicable to the business employing not more than four regular employees, shall be phased, as prescribed by Presidential Decree, within the scope of not less than 50/100 but not more than 100/100 of the amount of such provisions.