Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a representative of the E-Maintenance Industry in Nam-gu Incheon Metropolitan City, who runs a motor vehicle maintenance business using nine full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant employed from November 1, 2010 to May 31, 2017 at the above workplace and did not pay 19,329,361 won of F's retirement pay to retired workers within 14 days from the date on which the grounds for payment occurred, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of witness F;

1. The document of F;

1. The defendant and his/her defense counsel asserted to the effect that there is no unpaid retirement allowance because the defendant's monthly payment of retirement allowance includes the amount of retirement allowance paid to the worker F, and that there is no intention to commit a crime of violating the Act on the Guarantee of Workers' Retirement Benefits even if the payment of retirement allowance is null and void, since there is no ground for dispute as to the obligation to pay retirement allowance and the scope

Around January 2, 2014, it appears that the Defendant and Labor F prepared a wage contract and a written agreement (Evidence No. 18, No. 19 of the evidence record) on or around January 2, 2014. However, according to the records, the above agreement cannot be deemed a valid interim adjustment of retirement allowances pursuant to Article 8(2) of the Guarantee of Workers' Retirement Benefits Act, and the above agreement is deemed null and void because it violates Article 34 of the Labor Standards Act, which is a mandatory law.

Therefore, the Defendant paid to F workers F money in the name of retirement allowances each month in accordance with the agreement on the division of retirement allowances.

There is no validity of retirement allowance payment.

B. The monthly salary of each month is not effective by the employer under the private law.