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 an employer who is a representative director, who is a building B or D, and operates a manufacturing and wholesale business using 12 full-time workers.

When a worker dies or retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant worked in the fireproof plant belonging to the foregoing workplace from September 17, 2015 to May 31, 2017, and did not pay KRW 3,320,935 of the retirement pay of E, which was retired, within 14 days from the date of retirement, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on investigation results;

1. Details of confirmation of telephone or other facts;

1. The defendant and his/her defense counsel asserts to the effect that he/she is merely a worker with daily employment and is not entitled to retirement allowances under the Labor Standards Act, as a worker under the received period, details of transactions by account, and details of transactions by account attached to the E statement

Determination of whether a contract constitutes a worker under the Labor Standards Act shall be based on whether a worker provides labor in a subordinate relationship with an employer for the purpose of wages in a business or workplace, regardless of whether the contract is an employment contract under the Civil Act or a contract for work, and shall be determined by the employer and shall be subject to the rules of employment, service regulations, personnel regulations, etc., and shall be subject to specific and direct direction and supervision from the employer in the course of performing the work, whether the worker is designated as a working hour and place under detention, whether the worker is replaced with the work by a third party, and whether the worker is an employee’s agent for the work.