Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a representative who ordinarily employs 14 workers under the trade name of Da located in C at the time of macroscing, and is an employer who runs a vessel processing business.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, from November 3, 2016 to November 30, 2017, the Defendant did not pay KRW 2,470,522 of E retirement pay, and KRW 2,577,010 of F’s retirement pay, and KRW 5,047,532 of F’s retirement pay, within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Report on acquisition of investigation data, and each labor contract;

1. The defendant and his defense counsel asserted that the calculation statement of average wages and retirement allowances [the defendant and his defense counsel are G actual business owners, and the defendant merely lent the business owner's name and is employed by G. Thus, the defendant cannot be deemed an employer who bears the obligation to pay retirement allowances in this case.

Article 109(1) and the main sentence of Article 36 of the Labor Standards Act, and Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Wage for Workers' Retirement are employers. Article 2(1)2 of the Labor Standards Act provides that "employer" refers to a business owner, a person in charge of business management, or any other person who acts on behalf of a business owner with respect to matters concerning workers. The term "person in charge of business management" refers to a person who is responsible for the whole or part of the business operation and is an external representative or agent of the business with comprehensive delegation from the business owner for all or part of the business operation; and the term "person who acts on behalf of a business owner with respect to other matters concerning workers" refers to a worker's personnel affairs, wages, welfare.