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. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in Gap evidence Nos. 1 and 2 (including several numbers) by taking into account the overall purport of the pleadings:

From June 1, 2013 to November 30, 2014, the Plaintiff served in C operated by the Defendant and retired on December 1, 2014.

B. The Plaintiff did not receive KRW 2.5 million in total, 3.5 million in bonuses on November 2014, 2014, KRW 2.5 million in bonuses on May 2, 2014, KRW 2.5 million in bonuses on July 250, 2014, KRW 250,000 in bonuses on September 2014, and KRW 2.5 million in bonuses on November 2014.

C. The Plaintiff did not receive retirement allowances of KRW 3,897,787 after retirement from the above C.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from December 1, 2014, which is the day following the 14th day after the Plaintiff’s retirement date, which is the day after December 1, 2014 stipulated in the Labor Standards Act, to the day after full payment, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserts that since the Plaintiff did not comply with the working conditions set forth at the time of the labor contract, the Plaintiff’s wage for November 201, 2014, which was re-calculated pursuant to the company regulations, is KRW 2,018,770.

The Plaintiff did not comply with the working conditions on the sole basis of the document No. 1, No. 1

In November 2014, it is not sufficient to recognize that the amount of wages reduced to KRW 2,018,770 on 2014 by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

B. The Defendant was dismissed on December 1, 2014 without the Plaintiff’s written resignation or a separate declaration of intention to retire, and thus, the retirement becomes effective on January 1, 2015 after the lapse of 30 days from the date of application of Article 660 of the Civil Act. The Plaintiff was absent from office without permission from December 1, 2014 to January 1, 2015, and thus, it is not possible to pay wages during the said period. Thus, one month of absence from office without permission.