[Plaintiff, Appellee] Kim Bok-hee
[Defendant, Appellant] Dalseong-gun (Dalseong County)
[Original Judgment] Daegu District Court Judgment 78Na129, rendered July 19, 1978
[Order]
The appeal is dismissed.
The costs of the appeal shall be borne by the Defendant.
[Reasoning]
The grounds of appeal submitted by the Defendant's litigation representative are examined.
According to the reasoning of the judgment below, the court below found the fact that the Plaintiff, having been appointed as a maternal and child health worker at the Dalseong-gun Public Health Center under the Defendant County on September 19, 1963, continuously worked as a miscellaneous-post (japgeup) public employee of the Defendant County for 14 years and 11 days until her retirement on September 30, 1977. On this basis, the court below held that even though the Plaintiff was not subject to contribution payments under the Public Officials Pension Act (공무원연금법), and even though, pursuant to Article 4, Paragraph 3 of the Regulations on Miscellaneous-Post Employees (잡급직원규정), the term of employment for miscellaneous-post employees is limited to less than six months, in this case where the appointments and dismissals were repeated such that the Plaintiff in fact continuously worked for the aforementioned period, in light of the purport of Articles 11 and 28 of the Labor Standards Act (근로기준법), the Defendant County is obligated to pay the Plaintiff a retirement allowance calculated at no less than 30 days' average wages for each year of continuous service.
Having examined the record, the above determination of the court below is justified, and no error as argued in the grounds of appeal can be found therein.
The argument cannot be accepted.
Accordingly, since this appeal is without merit, it is dismissed, and the costs of the appeal are to be borne by the losing party. The Justices unanimously render judgment as stated in the Order.
Supreme Court Justice Lee Il-gyu (Presiding Judge), Min Mun-gi, Kang An-hee, Jeong Tae-won