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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The Plaintiff, from February 1, 2013 to September 8, 2015, provided the Defendant with labor and retired from office. The Plaintiff did not receive KRW 21,930,49 in total, including KRW 128,025 in May 1, 2015, and KRW 6,7,56,480 in August 7, 2015, and KRW 11,745,859 in September 39 in total, and KRW 10,184,632 in retirement pay in September of the same year, and KRW 21,930,49 in total, may be acknowledged either as a dispute between the parties, or as a whole, by taking into account the descriptions and arguments in subparagraph 1.
2. Determination
A. According to the above facts, the Defendant is obligated to pay the Plaintiff the amount of KRW 21,930,491, such as unpaid wages, and damages for delay determined at the rate of 20% per annum as stipulated in the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act (hereinafter “Retirement Benefits Act”) from September 23, 2015 to the date of full payment.
B. The Defendant’s assertion 1) First, the Defendant asserts that the average wage, which serves as the basis for the calculation of retirement allowances against the Plaintiff, should be excluded from basic pay, allowances, and expenses, and that the Defendant withdraws the Defendant’s statement recognizing the amount of retirement allowances claimed by the Plaintiff. The court does not require proof, but may revoke a confession contrary to the truth when it proves that it was caused by mistake (Article 288 of the Civil Procedure Act; and if the money and valuables paid to the workers for prescribed labor or total labor are fixed on a regular and uniform basis, they are included in ordinary wages that serve as the basis for the calculation of retirement allowances, but are not fixed wages that are not paid periodically or uniformly, or that the amount paid depending on the actual work performance and amount vary. Here, the amount paid as uniform is not only paid to all workers, but also paid to “all workers who meet certain conditions or standards.”