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

[2016 Highest 6912] The defendant is the representative director of the D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government.

When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 3,913,490 of retirement allowances of retired workers E from the said workplace from October 25, 2013 to October 31, 2015, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

[2016 Highest 9511] The Defendant is an employer who employs 25 full-time workers while operating D Co., Ltd. in Gangnam-gu Seoul Metropolitan Government FF Building 201.

The Defendant did not pay KRW 24,676,290 of G retirement pay from August 22, 2007 to January 15, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

[2016 Highest 6912]

1. Partial statement of the defendant;

1. A E-document;

1. Details of transactions in passbook and calculation statement of retirement allowances (2016 highest 9511);

1. Partial statement of the defendant;

1. Statement with respect to G;

1. A written statement of calculation of retirement allowance (a defendant and defense counsel asserts that responsibility of the defendant is excluded due to unavoidable circumstances in which the defendant could not pay retirement allowance, etc.;

Although an employer is not allowed to delay the payment of wages or retirement allowances to a worker solely on the ground that the employer is in economic depression, if it is recognized that the employer was unable to prevent the delayed payment of wages or retirement allowances even if all gender and efforts were made, and that the employer was unable to expect more lawful acts or that the employer was an inevitable circumstance, such reason constitutes a ground for the violation of the duty to pay wages and retirement allowances, etc. under the Labor Standards Act or the Guarantee of Retirement Benefits Act (see Supreme Court Decision 2012, Feb. 12, 2015).