If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

The Defendant is the representative of the Seogu District Office D branch in Daegu, who runs accommodation business with four full-time workers.

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 4,118,389 respectively within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, while working in the said workplace from February 24, 2014 to April 5, 2016, and each retired employee E’s retirement pay of KRW 1,959,696, and worker F’s retirement pay of KRW 2,160,693.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. Statement protocol by the police for E;

1. A copy of a bankbook for benefits;

1. A complaint and a petition [Defendant and his defense counsel leased “Hel” B, located in Daegu Seo-gu, Seo-gu, on April 22, 2015, the Defendant leased the Defendant from I, and newly employed E, F while operating “Hel”, and there is no fact that E, and F had succeeded to the previous employment by taking over the business of “Hel” that had been previously employed. Thus, the period of continuous work of E, and F is less than one year from April 22, 2015 to April 5, 2016, the Defendant asserts that the Defendant is not obligated to pay retirement pay.

A business transfer refers to a company organized by a certain business purpose, that is, a human and physical organization, being transferred as a whole while maintaining its identity, and only a part of the business can be transferred, and where such business is transferred, in principle, a comprehensive succession is made to the company which takes over the labor relationship of the relevant worker (see Supreme Court Decision 91Da15225, Aug. 9, 191, etc.). The following circumstances recognized by the above evidence and the pleading process of this case, namely, the Defendant first intended to purchase “Hel” but five years have not passed since it was the mandatory use period of I.