1. The Plaintiff (Counterclaim Defendant) is entitled to KRW 8,100,000 against the Defendant (Counterclaim Plaintiff) and its judgment became final and conclusive.

1. Basic facts

A. On December 15, 2000, the Defendant (Counterclaim Plaintiff) and the Defendant C registered “E” in the name of Defendant C as an individual business entity and jointly operated it. On December 10, 2013, the said E was converted into a corporation in the form of Defendant D Co., Ltd. (hereinafter “Defendant D”).

B. On December 10, 2013, while working in a private company E from September 1, 2002, the Plaintiff was appointed as the representative director of the said company at the time of the said company’s conversion into the said company, and on February 10, 2015, the Plaintiff retired on November 20, 2016 while the said representative director continued to work after the said change to the Defendant (Counterclaim Plaintiff).

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 to 4, the purport of the whole pleadings

2. Plaintiff (Counterclaim Plaintiff) and Defendant C’s principal claim

A. The Plaintiff’s assertion was served in E, operated by the Defendant (Counterclaim Plaintiff) and the Defendant C, from September 1, 2002 to November 20, 2016, and retired, but the Defendant (Counterclaim Plaintiff) and the Defendant C did not pay the Plaintiff a retirement allowance of KRW 28,709,902 for their work from September 1, 2002 to December 9, 2013. Thus, the Defendant (Counterclaim Plaintiff) and the Defendant C jointly and severally are liable to pay the Plaintiff a retirement allowance of KRW 28,709,902 as well as damages for delay.

B. Determination 1) The Act and subordinate statutes related to the Guarantee of Workers' Retirement Benefits Act separate the retirement allowance system under the Labor Standards Act from January 27, 2005, which was enacted on December 1, 2005, and were in force since December 1, 2005. According to Article 3 of the Guarantee of Workers' Retirement Benefits Act, Article 1 of the Addenda to the same Act (amended by January 27, 2005), and Article 2 of the Addenda to 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 workplaces that employ workers from December 1, 2005, but the Act provides that workplaces that ordinarily employ four or less workers shall enter into force from December 1, 2010.

In addition, according to Article 8 of the Addenda to the Guarantee of Workers' Retirement Benefits Act ( July 25, 2011), it is always possible.