1. The plaintiff's claim is dismissed.

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

Basic Facts

The defendant is a person who operates a hall in the name of "D" in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as "instant restaurant").

From April 2001 to April 7, 2014, the Plaintiff retired after serving as a cook in the instant restaurant.

Before the Plaintiff’s retirement, the Defendant paid KRW 2,200,000 per month to the Plaintiff.

In addition, the defendant shall pay the plaintiff a retirement allowance of KRW 5,00,000 on May 9, 2014, and the same year.

7.4.2,201,616 won was paid in total to KRW 7,201,616 (= KRW 5,000,000).

[Ground] Facts without dispute, entry of Gap evidence No. 1, and relevant provisions of the Act on Guarantee of Workers' Retirement Benefits as a whole are as follows.

Article 8 (Establishment, etc. of Retirement Allowance System) (1) Any employer who intends to establish a retirement allowance system shall establish a system that enables the payment of average wages for at least 30 days for each year of continuous employment as retirement allowances to the retired worker.

(1) With respect to a business which employs not more than four full-time workers, the retirement benefit system shall be deemed to have been implemented from December 1, 2010 pursuant to the proviso to Article 1 of the Addenda to the Guarantee of Workers' Retirement Benefits Act (Act No. 7379).

(2) Notwithstanding Articles 8 (1), 15, 20 (1), and 25 (2) 2, the amount of retirement benefits applicable to businesses employing not more than four workers, the amount of benefits under a defined benefit plan, a defined contribution plan, and the amount of employer contributions under an individual retirement pension plan pursuant to the amended provisions of Article 25 shall be determined as follows:

1. The amount of retirement allowances for the period from December 1, 2010 to December 31, 2012, the amount of wages under a defined benefit plan, the defined contribution plan, and the amount of employer contributions under the amended provisions of Article 25: