1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine.

Punishment of the crime

The defendant is an employer who employs full-time workers in the name of "C" in both weeks, and engages in textile salting business.

The Defendant did not pay 14,213,30 won in the balance of D retirement pay within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment between the parties concerned, as an employee from August 11, 2008 to March 14, 2015.

Summary of Evidence

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 (Selection of Fine)

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

1. As to the argument of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order, the Defendant paid the monthly retirement allowance in installments and denied the facts charged.

If an employer and an employee agreed to pay in advance a certain amount of money with a monthly salary paid by the employer and an employee (hereinafter “agreement on the division of retirement allowances”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Workers’ Retirement Benefits and the former Guarantee of Workers’ Retirement Benefits (wholly amended by Act No. 10967, Jul. 25, 201; hereinafter the same shall apply), unless it is acknowledged as an interim settlement of a retirement allowance under the main sentence of Article 8(2) of the same Act.

(1) Article 8(2) of the Act on the Guarantee of Workers’ Retirement Benefits and the former Guarantee of Workers’ Retirement Benefits provides that “An employer may, upon a request from an employee, settle accounts and pay a retirement allowance for the period in which the employee continued to work, prior to his/her retirement.” (see, e.g., Supreme Court Decision 2012Da77006, Dec. 13, 2012).

In order to effectively pay retirement allowances by conducting interim accounts of retirement allowances pursuant to the above provisions, workers who request interim accounts.