Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is an actual operator of a cafeteria in Seongdong-gu Seoul Metropolitan Government, who ordinarily employs three workers and operates a restaurant business.

The defendant shall work at the same workplace from April 5, 2010 to December 5, 2012.

The retirement allowance of 1,940,938 won was not paid within 14 days from the date of the occurrence of the cause of the payment, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Summary statement statement concerning D;

1. Application of Acts and subordinate statutes on a petition;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that since D's first service was included and paid monthly retirement allowances with D's consent, all of the retirement allowances were paid, and no longer the retirement allowances were paid.

2. In a case where an employer and an employee agreed to pay in advance a certain amount of money as retirement allowance along with a monthly or daily allowance paid by the employer and the employee, the agreement is null and void in violation of Article 8 of the Guarantee of Workers' Retirement Benefits Act, which is a mandatory law, because the employee renounces his/her right to claim a retirement allowance accrued at the time of the final retirement in advance, unless it is acknowledged as an interim settlement of the retirement allowance under the proviso to Article 8(2) of the Guarantee of Workers' Retirement Benefits Act.

Even if there is no validity of the payment of retirement allowance (see, e.g., Supreme Court en banc Decision 2007Da90760, May 20, 201; Supreme Court Decision 2009Do8248, Oct. 13, 2011). In addition, the employer has no legal effect, “retirement allowance shall be paid by including it in the monthly salary or daily daily allowance.”