1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

On March 3, 2005, the Plaintiff entered into an employment contract with the Defendant from March 3, 2005 to March 2, 2006, on the condition that the period of the employment contract is from March 3, 2005 to March 2, 2006, monthly wage is KRW 1,161,540, retirement allowance is paid after having worked for one year, and was engaged in driving 35 passenger buses.

On April 18, 2006, after the termination of the term of the above employment contract, the Plaintiff received 1,211,576 won from the Defendant after deducting the amount of tax from the amount of retirement pay from March 3, 2005 to February 28, 2006.

On March 1, 2006, the Plaintiff entered into an employment contract with the Defendant as a regular employee on March 1, 2006, and thereafter retired on January 31, 2014.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 2 and 3, Eul evidence Nos. 1, 5, 7, 8, and 9, and the gist of the plaintiff's assertion as to the purport of the whole argument, are employed by the defendant from March 3, 2005 to January 31, 2014, and the defendant has a duty to pay the plaintiff the remaining amount after deducting the amount already received from the retirement allowances equivalent to the above training, but the defendant did not pay KRW 2,017,239 during the period of retirement from March 3, 2005 to February 28, 2006.

The Plaintiff received money in the name of the retirement allowance from the Defendant on April 18, 2006, but this was unilaterally paid by the Defendant as the interim settlement of the retirement allowance, although the Plaintiff did not demand interim settlement of the retirement allowance, it is invalid as an interim settlement of the retirement allowance.

The retirement pay from March 3, 2005 to February 28, 2006, based on the plaintiff's free will, was made interim settlement.

The number of years of continuous employment for the plaintiff's calculation of retirement allowances shall be calculated from March 1, 2006, which is the day following the last interim settlement date of retirement allowances, and the defendant paid the whole amount of retirement allowances corresponding to the above period.

Judgment

Article 34 (3) of the former Labor Standards Act (amended by Act No. 7379 of Jan. 27, 2005) is a "employer".