1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

2...

1. The part of the claim for temporary disability compensation benefits, which was already determined by the judgment of remand before the plaintiff's remanding, was excluded from the scope of the judgment of this court. Since the annual leave allowances of 39,962,360 won and damages for delay are only the subject of the judgment of this court, only this part shall be determined.

2. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant is obliged to pay the Plaintiff the unpaid annual leave allowance of 39,962,360 won from 2009 to 2011 as indicated below.

The total annual leave allowances (A) (C) per day on the first day of the year from which the total amount of bonus (A) accrued (B) (=B±183 x 8 x 150 %) (A x C) on April 41, 2009 (=basic continuous service period of 22 days) (i.e., 19 days in total) 4,728,570 won (i.e., 22 days in total) 12,712,870 won in 12,728,570 won in 22 days in total) 4,728,570 won in 310,070 won in total, 13,022,940 won in total, 221 days in total (i.e., 22 days in continuous service) 5,045,390,308 won in total, 3605,3605 won in total,3605 won in total.

B. Determination 1) Whether to recognize annual leave allowances is paid to workers who have worked not less than 80% per year. In such cases, whether workers have worked not less than 80% per year shall be determined by the number of days calculated by subtracting, from the total calendar days of one year, the days determined as having no duty to work in accordance with Acts and subordinate statutes, collective agreements, employment rules, etc. (hereinafter referred to as “regular working days”).

(3) Article 60(6)1 of the Labor Standards Act provides that an employee shall be deemed to have worked on the basis of the attendance rate (see, e.g., Supreme Court Decision 2011Da4629, Dec. 26, 2013). Meanwhile, when calculating the attendance rate as above, an employee is injured or injured on duty.