Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant, as a representative of the Busan Jung-gu “C” located in B (hereinafter “instant restaurant”), is an employer who runs food business with 13 full-time workers.

When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

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

Nevertheless, the suspect, at the above workplace from January 1, 2009 to September 17, 2017, did not pay the retirement allowance of KRW 17,480,905 from January 1, 201 to September 17, 2017 of retired workers D within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

[In regard to this, Defendant / counsel did not pay a retirement allowance separately at the time of retirement of a worker D. However, the purport is to the effect that: (a) the Defendant was found to have been aware of the interim settlement of the retirement allowance under the main sentence of Article 8(2) of the Act on the Guarantee of Retirement Benefits for Workers (hereinafter “Retirement Benefits Act”); or (b) even if not, the Defendant was paid an excessive benefit as a person in charge of negligence at an amount equal to KRW 3 million per month; and (c) as such, there was a ground for dispute as to the existence and scope of the obligation to pay a retirement allowance, such as entering into an agreement on the division of retirement allowances under which a certain amount of money is actually paid as an additional amount, separately from the wage, and thus

(1) There is an interim settlement of retirement allowances recognized under the Retirement Benefits Act between the accused and workers D.

We examine whether there is reasonable room to view.

The main sentence of Article 8 (2) of the Act on Retirement Benefits shall apply to the period of continuous work of the relevant worker before his/her retirement, if the employer requests the worker to purchase a house or for any other reason prescribed by Presidential Decree.