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 an employer who employs four full-time workers under the trade name of “C” in Yeonsu-gu Incheon Metropolitan City B and engages in food service.

The Defendant did not pay KRW 2,645,390 of the retirement allowances of his/her retired worker D while working in the said workplace from May 25, 2016 to June 20, 2017, within 14 days from the date of his/her retirement without agreement on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each payment transfer details, each E, and the calculation statement of retirement allowances [the defendant and defense counsel did not have any assertion made D that the monthly salary was KRW 2,50,000,000, but the monthly salary was KRW 2,291,666, and the monthly salary was KRW 2,00,000 as incentives for KRW 2,096,932 calculated on the basis of the lowest salary in 2016 (the purport that the monthly salary was added to KRW 2,00,00 as incentives). The defendant and defense counsel accumulated KRW 208,333 under the pretext of monthly accumulation, and this was in the name of retirement allowances. Thus, the defendant and defense counsel did not have any retirement allowances accrued to D as long as they paid all accumulated reserves during the retirement month.

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D It is recognized that it has signed an employment contract (Evidence No. 28 of the Evidence Record), a certificate of waiver of retirement pay (Evidence No. 30 of the Evidence Record).

However, the above employment contract and the letter of promise to waive the retirement allowance asserted that the amount of the reserve is calculated on the basis of the minimum wage standard, and the defendant's side calculated the amount of the D's salary of KRW 2,291,66 by adding the amount in the name of the incentives. However, the above employment contract is prepared based on the amount of KRW 5,751, which is less than the minimum wage of KRW 6,030 in 2016, and it is difficult to view the defendant's assertion as evidence as supporting the defendant's assertion because the above employment contract is written and the calculation standard of the retirement allowance is not specifically stated. Furthermore, there is no evidence showing the specific payment criteria or the calculation standard of the amount of the incentives claimed by the defendant.