Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a C representative located in Nam-gu Incheon Metropolitan City B, who runs a wholesale and retail business using five regular workers.

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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from January 1, 2010 to August 12, 2016 at the above workplace and did not pay 24,929,836 won of retirement allowances of retired workers D 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. Legal statement of witness D;

1. Application of the Criminal Report Act and the Investigation Report Act

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant entered into an agreement on the division of retirement allowances with employees D and retirement allowances to pay the same monthly wage, and the Defendant has no obligation to pay the retirement allowances as it fulfilled all of them

2. In a case where the employer and the employee agreed to pay in advance a certain amount of money with the monthly salary paid each month, the 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 is not a case where the interim settlement of accounts for retirement benefits under the main sentence of Article 8(2) of the Guarantee of Workers' Retirement Benefits Act is acknowledged.

As a result, the employer paid the employee the amount of money in the name of the retirement allowance according to such agreement.

Even if there is no effect as retirement allowance payment.

Supreme Court Decision 2009Do8248 Decided October 13, 201, and Supreme Court Decision 2009Do8248.