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. The Plaintiff was employed by the Defendant, who runs the business of a private teaching institute under the trade name of “C Teaching Institutes,” and served for the period from September 13, 2013 to December 16, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The assertion and judgment

A. As to the cause of the claim, the Plaintiff claimed against the Defendant for the payment of retirement allowance and damages for delay during the above service period, and the Defendant asserts that the Defendant did not have the obligation to pay retirement allowances pursuant to the proviso of Article 4(1) of the Guarantee of Workers' Retirement Benefits Act since the Plaintiff’s contractual work hours per week

In a civil trial, even if it is not bound by the finding of facts in a criminal trial, the fact that a criminal trial already became final and conclusive on the same factual basis is a flexible evidence, and thus, it cannot be recognized that there is no special circumstance where it is difficult to adopt the factual judgment in the criminal trial in light of other evidence submitted in the civil trial unless it is the case.

(1) The Plaintiff’s retirement allowance of KRW 7,059,026, who worked at C&A, was convicted on October 11, 2018 and was convicted on October 19, 2018 (No. 20153, Jun. 15, 201), and the judgment became final and conclusive (No. 20153, Jun. 15, 2018) on October 19, 2018, on the ground that the Plaintiff’s work period of the Plaintiff was less than 15 hours on average of four weeks, and the Defendant is obligated to pay the Plaintiff damages for delay calculated on December 31, 2016 by the retirement allowance rate of KRW 7,059,026, and damages for delay calculated on December 31, 2016, on which 14 days elapsed from the retirement date of the Plaintiff.

B. The defendant's remainder.