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. Facts of recognition;

A. On June 23, 2017, the Defendant’s representative C was issued a summary order of KRW 1 million (Tgu District Court Decision 2017 High Court Decision 201Da7968) due to the violation of the Guarantee of Workers’ Retirement Benefits Act and the violation of the Labor Standards Act.

B. C filed an application for a formal trial against the above summary order on June 30, 2017. However, on November 22, 2017, the said formal trial procedure (Seoul District Court 2017 High Court 20199), “C, as the Defendant’s representative, serves as a transport engineer at the Defendant’s workplace, and was not paid KRW 806,450 on October 27, 2016 within 14 days from the date of retirement,” and “C was found guilty of the violation of the Labor Standards Act, which provides that “The Plaintiff’s retirement allowance was not paid KRW 5,407,235 won within 14 days from the date of retirement,” and the judgment of the court below became final and conclusive on November 30, 2017.”

C. C appealed against the foregoing judgment of the first instance on December 5, 2017, but the said court rendered a decision dismissing the appeal on the ground that the period of appeal expired on December 6, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, significant facts in this court, purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the defendant did not pay the plaintiff 806,450 wages and retirement allowances for October 27, 2014 and the plaintiff 5,407,235 won total of 6,213,685 won (i.e., 806,450 retirement allowances for October 2016) from July 27, 2014 to October 10, 2016 (i.e., 5,645,50 won which the plaintiff was working as a transportation engineer at the defendant's workplace) (i.e., 6,213,685 won which were unpaid wages and retirement allowances for the plaintiff, barring special circumstances, and thus, the defendant did not pay the remaining wages and retirement allowances for the plaintiff 5,65,505 won which the plaintiff was working as a transportation engineer at the defendant's workplace after deducting the amount of unpaid wages and retirement allowances from the defendant 568,505,505 won (i.