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 company that runs the D business from December 1, 2013 to December 31, 2017 under the “C Contract” concluded with the Incheon Metropolitan City Mayor, and the Defendant was employed as a F driver until December 31, 2017 by entering the Plaintiff’s “E” around December 1, 2013.

B. On January 2, 2017, the Defendant requested the Plaintiff to withdraw from the retirement allowance. Accordingly, the Plaintiff paid 8,564,320 won, including taxes and public charges, to the Defendant as retirement allowance for the period from December 1, 2013 to December 31, 2016, which was requested by the Defendant pursuant to the Guarantee of Workers’ Retirement Benefits Act.

C. Around May 24, 2017, the Defendant committed an assault at the price of the other party at three times in the course of dispute with a passenger vehicle driver on the ground that a passenger car stops at the bus stop during the operation of the Incheon International Airport F, and the Plaintiff dismissed the Defendant on July 8, 2017, following a resolution of the Disciplinary Committee on July 2, 2017.

On July 9, 2017, the Plaintiff paid a retirement allowance to the Defendant on July 9, 2017, and even if the Defendant was paid a retirement allowance for the period from January 1, 2017 to July 8, 2017, it was erroneous that the Plaintiff paid a retirement allowance from December 1, 2013 to December 1, 2017.

7. By August 7, 200, retirement allowances paid 10,246,160 won for the period (hereinafter “instant retirement allowances”).

E. On September 18, 2017, the Incheon Regional Labor Relations Commission, in which the application for unfair dismissal was defective, determined that the dismissal of the Plaintiff against the Defendant was improper. Accordingly, the Plaintiff, after reinstated the Defendant on September 23, 2017, opened a disciplinary committee and finally decided to take a one-month disciplinary measure against the Defendant for suspension.

In addition, around November 10, 2017, the Plaintiff paid all wages of KRW 6,522,458 for the period from July 9, 2017 to September 23, 2017, when the Defendant was dismissed.

F. The Plaintiff’s “C Contract” concluded with the Incheon Metropolitan City Mayor was terminated as the period expired on December 31, 2017, and accordingly, the Defendant also terminated the C Business.