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

The defendant is the representative of the D convenience store located in the building No. c of the wife population B at the time of tolerance, who is an employer who employs three full-time workers and operates convenience stores.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred, and in special circumstances, the period may be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 5,858,814, which is part of E’s retirement pay, from May 10, 2008 to October 13, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. A true E statement;

1. A written petition;

1. - A statement of deposit transactions, - a statement of average wages and retirement allowances calculation, - an annual salary contract.

1. Determination of the defendant and defense counsel's assertion of confirmation of facts, such as telephone

1. The Defendant entered into an annual salary contract with E on March 10, 2016, and agreed to pay E KRW 150,000 each month as retirement pay along with monthly pay.

Even if such a retirement allowance payment agreement is legally null and void, the defendant can make a claim for return of unjust enrichment on the amount paid to E under the above installment payment agreement, or set off it within the same amount as the defendant's retirement allowance claim against E. Thus, there were sufficient grounds for dispute as to the existence and scope of the obligation to pay retirement allowances to E.

Therefore, there is no intention to pay retirement allowances to the defendant.

2. Determination

A. The right to claim a retirement allowance arises only on the basis of the termination of the employment relationship, which is a retirement, and there is no room for the duty to pay the retirement allowance as long as the employment contract exists, and the retirement allowance is paid on the monthly paid or daily paid.