Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a representative in Dongdaemun-gu Seoul Metropolitan Government C, who is an employer who employs three regular workers and operates a printing business.

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

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

Nevertheless, the defendant works in the above workplace from December 1, 2004 to September 2, 2019.

The retirement allowance of retired workers D was not paid 15,094,696 won within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. The Defendant’s legal statement of the witness D’s written statement at the court, the statement of monthly salary, the average wages and retirement allowances for the petitioner’s written statement [the Defendant’s defense counsel does not have any retirement allowances to be paid any longer since the Defendant paid the retirement allowances included in the monthly salary according to the agreement with the worker D, and even if the agreement on the installment payment of household retirement allowances is null and void, the Defendant believed that such agreement is valid and paid the retirement allowances in installments accordingly, and there was no intention to pay the unpaid retirement allowances. The Defendant asserts that there was no intention to pay the retirement allowances. The retirement allowances have the nature of the retirement allowances, in essence, for the continuous employment of the retired employee, and the right to claim such payment of retirement allowances is not likely to arise during the employment contract unless the employment contract remains effective due to the interim settlement of the retirement allowances. Accordingly, the agreement on the installment payment of a certain amount with the monthly wage or daily wage paid by the employer and the retirement employee (hereinafter

If so, the agreement is stipulated in Article 8(2) of the Guarantee of Workers' Retirement Benefits Act.