Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The Defendant is an employer who runs plastic manufacturing business using at least two full-time workers as a manager of C office located in Gyeong-gu, Chungcheongnam-si. B.

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, the Defendant had worked from August 1, 2015 to April 9, 2020 and had not paid KRW 17,472,257 of retirement pay to retired workers D within 14 days from the date of retirement without any agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A written statement of calculation of average wages and retirement allowances (a defendant agrees to pay a monthly wage by adding 350,000 won thereto as a retirement allowance, and such payment was made accordingly;

However, there is no evidence to support the existence of the above agreement.

As such, there was such an agreement

Even if the agreement refuses the payment of a retirement allowance to a retired worker on the ground of an agreement that the employee waives his/her right to a retirement allowance that occurs at the time of the final retirement, unless it is acknowledged as an interim settlement of the retirement allowance under Article 8 (2) of the Act on the Guarantee of Retirement Benefits of Workers, and it is invalid as it violates Article 8 of the Act and subordinate statutes, which is the compulsory law, and it is not effective. In cases where the employer refuses the payment of a retirement allowance to the retired worker on the ground that the employer has no legal effect, it shall not be deemed that there is a reasonable ground for dispute as to whether the obligation to pay a retirement allowance exists and the employer has not paid a retirement allowance (see Supreme Court Decision 2007Do4171, Aug. 23, 2007).)

1. Article 44 of the Act and Article 44 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Articles 9 and 1.