Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a representative of articles and restaurant in Gyeonggi-gun B, who ordinarily employs five workers and operates a restaurant business.

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

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

Nevertheless, the Defendant is working as a master and principal assistant in the above workplace from November 1, 2010 to July 19, 2018.

Retirement allowance of 11,911,702 won was not paid to retired workers C within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Protocol of examination of witness C;

1. Labor contract [Defendant and his/her defense counsel entered into an employment contract under which he/she shall pay retirement allowances including C’s retirement allowances, and accordingly, paid all retirement allowances. However, if an employer and his/her defense counsel agreed to pay a certain amount of money in advance as retirement allowances along with the monthly wage or daily wage paid each month, such agreement is null and void in violation of Article 8 of the Guarantee of Workers’ Retirement Benefits Act, which is a mandatory law, as it gives up the employee’s right to claim retirement allowances at the time of the final retirement, unless it is acknowledged as an interim settlement of accounts under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act. As a result, even if an employer paid a certain amount of money in the name of retirement allowances pursuant to the above agreement on the division of retirement allowances, the payment of retirement allowances shall not be effective (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 2010; Supreme Court Decision 2009Do8248, Oct.