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, as a representative of “B”, is an employer who runs wholesale and retail business using three regular workers.

When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of his retirement.

Provided, That the date of payment may be extended according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay KRW D retirement allowance of KRW 9,086,436, working from Sungnam-si to Sungnam-si from December 18, 2014 to December 14, 2018 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Application of statutes to the defendant's legal statement D's legal statement, business registration certificate, calculation of retirement allowance;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion ① D received interim settlement of the total amount of KRW 3,323,080 on January 6, 2016 and June 5, 2017, prior to the Defendant’s acceptance of B, and thus, the amount should be excluded from the unpaid retirement pay.

② The Defendant tried to discuss the calculation of retirement allowances in consideration of D’s working period, details of interim settlement, etc., and as D did not comply with such request, the Defendant did not have intention to violate the Act on Guarantee of Workers’ Retirement Benefits.

2. Determination

A. According to Article 8(2) of the Guarantee of Workers' Retirement Benefits Act, an employer may settle accounts of retirement allowances for the period of continuous employment of the relevant employee before his/her retirement, in cases where the employee demands for reasons prescribed by Presidential Decree, such as purchase of housing.

On the other hand, if the employer and the employee agreed to pay in advance a certain amount of money with the monthly pay, it shall be that.