Defendant shall be punished by a fine of KRW 700,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Punishment of the crime

The defendant is a business owner who runs an entertainment tavern business with one full-time worker C at the window B of Changwon-si and is an employer.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working in the above workplace from November 15, 2014 to July 24, 2019.

The retirement allowance of 4,177,420 won was not paid within 14 days from the date of retirement of D without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the petitioner with respect to D;

1. According to the oral agreement with D, the Defendant and the Defendant agreed to divide 100% of the basic salary in the form of retirement allowance each year into tin and New Year’s Day, and accordingly, the Defendant did not have any obligation to pay retirement allowances such as those stated in the facts charged.

In light of the above, the right to claim a retirement allowance has no room to arise while the labor contract remains in existence, unless it is the case where the right to claim a retirement allowance is effective by the interim settlement of accounts for retirement allowance, since the employer has a certain period of continuous employment and the employer has a nature of the later-paid wage in essence as the consideration

Therefore, if an employer and an employee agreed to pay in advance a certain amount of money with a monthly or daily allowance paid by the employee (hereinafter “retirement allowance installment agreement”), the agreement is a mandatory law to waive the employee’s right to claim a retirement allowance accrued at the time of the final retirement, unless it is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act.