1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s assertion (1) The Defendant served as the Plaintiff’s street cleaners, a apartment cleaning service company, from January 1, 2010, and retired on December 31, 2013.

(2) From January 1, 2010 to December 31, 2012, the Plaintiff paid the amount of retirement pay to be paid each year at the Defendant’s request during the pertinent period of employment divided by 12 months, and paid 735,000 won of retirement pay accrued from January 1, 2013 to December 31, 2013 as a lump sum payment to the Defendant on January 10, 2014.

(3) Nevertheless, on December 15, 2014, the Defendant filed a civil petition with the Ministry of Employment and Labor for the payment of a retirement allowance arising from January 1, 2010 to December 31, 2012 during the pertinent period of employment. On January 30, 2015, the Plaintiff additionally paid KRW 2,143,050 in addition to the retirement allowance paid by the Defendant to the Defendant during the period of employment.

(4) If so, since January 1, 2010 to December 31, 2012, retirement allowances already paid after adding up benefits constitutes unjust enrichment, the Defendant is obligated to pay to the Plaintiff 2,098,946 won (=693,950 won of retirement allowances paid from January 1, 201 to December 31, 201) as retirement allowances paid from January 1, 201 to December 31, 201, and delay damages therefor.

B. In a case where an employer of relevant legal principles and an employee agreed to pay a certain amount of money in advance along with a monthly or daily allowance paid by the employer, such agreement is null and void in violation of Article 8 of the Act, which is a mandatory law, unless it is acknowledged as an interim settlement of accounts for retirement benefits under the main sentence of Article 8(2) of the Guarantee of Workers' Retirement Benefits Act.

On the other hand, the employer's payment of retirement allowances is effective even though the employer has actually paid money to workers.