Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The defendant is an employer who operates a public restaurant cafeteria with two regular workers in Geumsan-gun B.

As seen from April 6, 2016 to January 18, 2018, the Defendant offsets the amount of D’s retirement pay of KRW 1,397,975 per month from D’s retirement pay of KRW 1,60,000 per month to the amount exceeding 1/2 of the retirement allowance claim of KRW 2,795,950, the amount paid as retirement allowance of KRW 2,795,950 per month and recognized as changing the facts charged.

not paid within 14 days without agreement on extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. The Defendant: (a) entered into a written employment contract on May 1, 2016, stating that “The monthly wage: 1,600,000 won, and the retirement pay after the lapse of one year shall be deposited in the passbook every day in installments of the daily salary; (b) paid 2,50,000 won per month in installments in the manner of paying the monthly salary in lieu of the monthly rent of the room room where D residents reside; and (c) received KRW 1,60,000 as well as KRW 1,60,000 of the room room that the Defendant paid to D, thereby being acquitted in full.” On the other hand, the Defendant agreed to pay in advance a certain amount of retirement allowance along with the monthly wage or daily wage paid by the employer and the employee (hereinafter referred to as “retirement allowance installment agreement”).

If so, the agreement is null and void in violation of Article 34 of the Labor Standards Act and Article 8 of the Guarantee of Workers' Retirement Benefits Act, which is a mandatory law, and as a result, the employer paid the employee the amount of money in the name of retirement allowance

There is no validity of retirement allowance payment.

Wages are paid in full directly to workers in currency, so an employer has against workers.