A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The Defendant is a person who, from October 28, 2004 to April 5, 2015, employs eight full-time workers as an actual operator of a “F” restaurant located in Gwangju Northern-gu E, and engaged in food service business (food service).

The Defendant worked at the above F cafeteria from May 1, 2005 to April 5, 2015 as a kitchen.

38,091,000 retirement allowances of retired workers were not paid within 14 days from the date of retirement without any agreement on the extension of the due date for payment.

Summary of Evidence

1. Statement made by the police officer in G; and

1. The head of the Tong, the details of calculation of retirement allowances, and the Defendant’s employment contract, included the monthly amount of money in the form of retirement allowances, and asserts that even if the above payment method is invalid, no intention was made.

The right to claim a retirement allowance is a requirement for the termination of a labor relationship, and there is no room for the obligation to pay a retirement allowance as long as the labor contract continues to exist, so even if the payment of a certain amount of money is made on the monthly salary or daily allowance received every month, it is not effective as a payment of a retirement allowance under Article 34 of the Labor Standards Act. In addition, the agreement that is to receive a retirement allowance by including it on the monthly salary or daily daily allowance is null and void as it is in violation of Article 34 of the Labor Standards Act, which is a mandatory law.

Therefore, if an employer refuses to pay a retirement allowance to a retired worker on the ground of an agreement that he/she shall include a retirement allowance in the monthly salary or daily allowance, which has no legal effect, it cannot be deemed that there is a reasonable ground to dispute the existence of the obligation to pay a retirement allowance and that there is a considerable reason for the employer to pay the retirement allowance.