Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The defendant is the representative of E in S Co., Ltd. in Sacheon-si, who runs a vessel processing business with 40 full-time workers.

Defendant did not pay KRW 9,488,910 of F retirement pay from March 1, 2012 to January 31, 2015 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Legal statement of witness F;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police with regard to F;

1. The wage ledger and a written statement of calculation of retirement allowances [in cases where there are grounds for dispute over the existence and scope of the obligation to pay wages, there are reasonable grounds for employer to have not paid the wages;

Therefore, there was an intentional act of violating the duty to pay wages, etc. under Articles 112 and 36 of the Labor Standards Act.

It is difficult to see it.

Accordingly, the right to claim the payment of retirement allowances is only a requirement for the termination of the employment relationship, and there is no room for the obligation to pay retirement allowances as long as the employment contract exists, so that there is no room for the obligation to pay retirement allowances, and thus, the payment of retirement allowances is made on the monthly salary or daily daily

Even if it is not effective as a retirement allowance under Article 34 of the Labor Standards Act, the agreement to receive a retirement allowance by including it in the monthly pay or daily pay as such is null and void in violation of Article 34 of the Labor Standards Act, which is a mandatory law, since it gives up in advance the right to claim a retirement allowance arising at the time of the last retirement (see Supreme Court Decisions 2002Do2211, Jul. 12, 2002; 200Da27671, Jul. 26, 2002, etc.). Accordingly, the employer, without any legal effect, retires on the ground of an agreement that “a retirement allowance shall be included in the monthly pay or daily pay,” which is not effective under the private law.