Plaintiff (Counterclaim Defendant) is either 3,237,474 won to Defendant (Counterclaim Plaintiff) and 15,563,773 won to Defendant (Counterclaim Plaintiff) and 15,563,773 won.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (hereinafter “Plaintiff”) is a public corporation established on April 20, 2015 for the purpose of collecting, preserving, exhibiting, and researching marine biological resources in accordance with the Act on the Establishment and Operation of the National Institute of Marine Biological Resources, and is subject to a report or inspection by the Minister of Oceans and Fisheries on matters concerning business, accounting, and property pursuant to Article 16(3) of the said Act.

2) On April 20, 2015, Defendant B (Counterclaim Plaintiff; hereinafter “Defendant”) entered the Plaintiff’s corporation and served as the head of C Headquarters until now, and Defendant A, who was employed as the head of D Headquarters on February 15, 2016, was retired on January 22, 2019.

B. Of the Plaintiff’s Remuneration Regulations (amended by July 29, 2016) and the Rules on Remuneration (amended by Presidential Decree No. 20100, Sept. 7, 2016) concerning the instant case, the provisions pertaining to the instant case are as follows.

Article 3 of the Remuneration Regulations (Definition of Terms)

3. The term "annual salary" means the aggregate of the following amounts paid between January 1 and December 31 of each year:

Provided, That in cases of executives and the head of the headquarters to whom the fixed annual salary system applies, it means the amount paid in a certain amount by reflecting the relevant duties.

(a) “Basic annual salary” means an annual amount of a basic salary paid based upon an individual’s career experience, accumulated performance, and degree of difficulty and responsibility of class or duty.

(c)

The term "performance-based annual salary" means an annual amount of salary paid according to the results of evaluation of performance, etc. of the previous year.

Article 11 (Classification and Application of Annual Salary System) (1) The annual salary system of the superior executives and the head of the headquarters shall apply to the fixed annual salary system.

(2) The performance-based annual salary system shall apply to the head salary and the employees of a responsible rank prescribed in Article 4 of the Personnel Management Regulations.

Article 13 (Basic Annual Salaries) ① Officers subject to the fixed annual salary system and the head of headquarters.