Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

The Defendant, as a representative of Ulsan Nam-gu, is an employer who employs three full-time workers and landscapes service business, such as public sugar, health clubs, etc., using three full-time workers.

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

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

Nevertheless, the Defendant did not pay KRW 2,942,823 of D retirement pay from August 16, 2015 to August 15, 2016 within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Where an employer refuses to pay a retirement allowance to a retired employee on the ground of an agreement that he/she shall include the details of deposit transactions, average wages, and retirement allowances [in cases where an employer refuses to pay a retirement allowance to a retired employee on the ground that it does not have any legal effect, it shall not be deemed that there is a reasonable ground for dispute as to the existence of the obligation to pay a retirement allowance, and it shall not be deemed that such employer has no intention to commit a violation of the obligation to pay wages, etc. within the due date (see, e.g., Supreme Court Decision 2007Do4171, Aug. 23, 2007). The agreement to waive the right to claim a retirement allowance arising from the final retirement is null and void (see, e.g., Supreme Court Decision 200Da27671, Jul. 26, 2002). According to the above legal doctrine, even if the Defendant and the victim agreed to pay a retirement allowance including the monthly retirement allowance or not received the retirement allowance before the retirement payment.

The circumstances are as follows: (a) this case.