When the defendant does not pay the above fine, 100,000 won.

The defendant is the employer who operates the D Co., Ltd. located in C at the time of discussion.

From July 15, 2010 to June 18, 2015, the Defendant did not pay KRW 22,772,930, in total, KRW 6,074,010, and KRW 16,698,920, to E retired from the said place of business, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Details of transactions of deposits and withdrawals;

1. A detailed statement of calculation of wages, annual allowances, and retirement allowances;

1. Application of statutes on business registration certificates;

1. Article 109(1), Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate gold) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. First, the Defendant paid retirement allowances, including monthly wages, to E.

The argument is asserted.

However, as retirement allowance is a requirement for the termination of the labor relationship, there is no room for the employer to pay retirement allowance in principle while the contract exists. Thus, the employer agreed to pay a certain amount of money under the name of retirement allowance from the monthly wage paid between the employer and the employee.

However, it is not effective as a retirement allowance payment under Article 8(1) of the Act on the Guarantee of Workers’ Retirement Benefits (see Supreme Court Decision 2007Do3725, Nov. 16, 2007). As such, the agreement to receive a retirement allowance by including it in monthly pay or daily daily pay is giving up in advance the right to claim a retirement allowance which occurs at the time of the final retirement, and is the Labor Standards Act, which is a mandatory law.