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. On April 1, 2012, the Plaintiff joined “C” in which the restaurant business is operated and served as the head of the food department, and retired on October 19, 2013.

On the other hand, D is registered as the business entity of “C,” and the defendant is the child of D.

B. Retirement allowances calculated on the basis of the Plaintiff’s salary for three months prior to his retirement are KRW 3,951,101.

C. In relation to the payment of retirement allowances to the Plaintiff, the Defendant was indicted for violation of the Guarantee of Workers' Retirement Benefits Act (No. 2015 high-level and No. 1976), and was issued a summary order of KRW 1 million on May 6, 2015, and the said summary order was finalized on June 24, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant actually operated the Plaintiff C, and provided labor under the employment of the Plaintiff, and the Defendant is obligated to pay the retirement allowance to the Plaintiff.

B. The defendant is not a business operator who opened and operated the defendant C, but an employer who employs the plaintiff, and from 2007 to 2007, the defendant is a contractual researcher in the annual school.

The defendant's mother-friendly D and friendly E have operated a restaurant for several hundreds, and due to the illness of E, D cannot operate the restaurant because it is difficult for D to attend the restaurant due to the illness of E, and only the defendant has tried to handle D's restaurant affairs and administrative affairs.

3. Determination

A. The main text of Article 9 of the Act on the Guarantee of Workers' Retirement Benefits provides that "where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred." Article 2(2)2 of the Act provides that "employer" means an employer under Article 2(1)2 of the Labor Standards Act.

Article 2 (1) 2 of the Labor Standards Act refers to "employer", "person in charge of business management", and other workers.