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

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

Punishment of the crime

The Defendant, as an individual consignment sales business entity, employs one full-time employee, is an employer who operates the clothing sales business at a department store C store in the Guri-si 261 Dori-si.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 2,250,00 in total, including D’s wage of KRW 2,100,000 in January 2018, and wage of KRW 150,00 in February 2018, when the Defendant had worked at the above workplace from May 6, 2015 to February 2, 2018, within 14 days from each retirement date, although there was no agreement between the parties on the extension of the payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 5,650,864 of D retirement pay, which was worked from May 6, 2015 to February 2, 2018 at the same place of business, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A contract for commodity management and sales entrustment, details of payment of wages, a labor contract, and a statement of calculation of retirement allowances, which are paid monthly wages;

The argument is asserted.

However, since the right to claim the payment of retirement allowances occurs only when the termination of the labor relationship is the requirement for retirement, there is no room for a duty to pay retirement allowances as long as the labor contract exists, and thus, it was paid a certain amount of money under the name of retirement allowances on the monthly wage or daily wage paid every

It shall be stipulated in Article 34 of the Labor Standards Act.