The appeal is dismissed.

The grounds of appeal are examined.

1. The Guarantee of Workers' Retirement Benefits Act provides for matters necessary for the establishment and operation of the workers' retirement benefits system, thereby separating the retirement benefits system under the Labor Standards Act from January 27, 2005 to December 1, 2005, and was in force since January 1, 2005. According to Article 3 of the Guarantee of Workers' Retirement Benefits Act and Article 1 of the Addenda of the same Act (amended by January 27, 2005) and Article 2 of the Addenda of the Enforcement Decree of the same Act (amended by Presidential Decree September 29, 2010), the Guarantee of Workers' Retirement Benefits Act applies to all businesses or places of business that employ workers from December 1, 2005 to the whole business that employs four regular workers or less: Provided, That the Guarantee of Workers' Retirement Benefits Act shall apply to business that employs four regular workers or less from December 1, 2010.

① Article 11(1) of the Labor Standards Act provides that this Act shall apply to all businesses or workplaces that ordinarily employ not less than five workers. ② Article 11(3) of the Labor Standards Act provides that the method of calculating the number of workers ordinarily employed in applying this Act shall be prescribed by Presidential Decree. ③ Article 7-2(1) of the Enforcement Decree of the Labor Standards Act delegated by the Labor Standards Act provides that “the number of workers ordinarily employed” under Article 11(3) of the Enforcement Decree of the Labor Standards Act shall be calculated by dividing the annual number of workers ordinarily employed in the same period (where the business is less than one month from the date of its establishment, referring to the period after the date of its establishment) one month before the date of the occurrence of the reason for application of the Act (referring to the reason for the application of the Act or this Decree, such as the payment of business suspension allowances and the application of working hours) (where the business is less than one month, referring to the period after the date of its establishment). Article 11(3) of the Labor Standards Act is newly established on March 21, 2008.

2. In examining the provisions of the above two Acts concerning retirement allowances of workers, ① The Guarantee of Workers’ Retirement Benefits Act.