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. Basic facts

A. The Plaintiff is a person employed as a daily employed worker by the Defendant Company from March 16, 2004 to December 31, 2007, and served as a temporary employed worker from January 1, 2008 to January 1, 2017 and retired.

B. After retirement from March 16, 2004 to December 31, 2007, the Plaintiff submitted a petition to the Busan Regional Employment and Labor Agency for the reason that the Plaintiff was not paid part of the retirement pay (hereinafter “the pertinent period”). On June 5, 2017, the head of the Busan Regional Employment and Labor Agency issued and delivered a written confirmation of the business owner, such as overdue wages, etc., with the purport that the Plaintiff’s unpaid retirement pay during the pertinent period is KRW 4,307,875.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to Article 36 of the Labor Standards Act and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, where an employee retires, the employer shall pay retirement allowances within 14 days from the time when the cause for the payment thereof occurred if the employee retires. However, the Plaintiff retired from the Defendant company on January 1, 2017, but did not receive 4,307,875 won out of the retirement allowances during the pertinent period, as seen earlier. As such, the Defendant is liable to pay to the Plaintiff 4,307,875 won and damages for delay calculated at the rate of 20% per annum as prescribed by the Labor Standards Act from January 16, 2017 to the date of full payment.

3. Judgment on the defendant's assertion

A. The defendant, in accordance with the company's internal rules, has already paid the retirement allowance for the pertinent period to the plaintiff, including the monthly wage, and the monthly wage was paid as consolation money during the interim settlement of the retirement allowance, and the certificate of receipt of the retirement allowance was also issued from the plaintiff, so the defendant is not obliged to pay the retirement allowance

② Even if there exists a retirement allowance payable to the Plaintiff for the pertinent period, the Plaintiff.