1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. From March 24, 2018 to November 27, 2018, the Plaintiff served as the representative director of the Defendant Company.

Article 30 (Remuneration and Retirement Pay of Directors and Auditors) (2) The retirement pay of directors and auditors shall be paid as prescribed separately.

Article 23 (Payment of Retirement Allowances) (1) of the Regulations on the Payment of Benefits shall pay an amount equivalent to the average wage for 30 days for each year of continuous service as a retirement allowance when an employee retires after he/she has served for at least one year.

Provided, That this shall not apply to workers whose contractual working hours per week averaged by four weeks are less than 15 hours.

(2) If an employee who has served for not less than one year requests interim settlement of accounts of retirement allowances for the continuous service period due to reasons specified in the Guarantee of Workers' Retirement Benefits Act, he/she may pay it

Article 24 (Calculation of Number of Years in Continuous Service) (1) The continuous service period shall be from the date of entry to the date on which grounds for payment of retirement allowances arise.

Provided, That where interim settlement of retirement allowances is made, it shall be calculated from the day following the interim settlement date.

(2) The fraction of less than one month in calculating the continuous service period shall be one month.

Article 28 (Retirement Allowances for Executives) (1) Where an executive retires, a retirement allowance shall be paid pursuant to subparagraph 1 of attached Table.

Article 29 (Calculation of Number of Years in Continuous Service) The number of years in continuous service shall be calculated in addition to the date of appointment and the date of final service, but any fraction less than one year shall be calculated monthly, and less than one month shall be calculated as one month.

B. The articles of incorporation and the wage payment provisions of the Defendant Company relating to the instant case are as follows.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. According to the wage payment rules of the Defendant Company, the Plaintiff does not stipulate “service for at least one year,” unlike the general employees, as the requirement for the payment of retirement allowances (Articles 23(1) and 28(1) and 28(1).