Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

The defendant, as a representative in Suwon-si B, is an employer who runs a restaurant business using one regular worker.

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 the agreement between the parties if special circumstances exist.

Nevertheless, the Defendant did not pay retirement allowances of KRW 4,123,168 to D who worked in the above workplace from May 7, 2018 to February 6, 2020 within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties concerned on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Business registration certificate, details of passbook transactions, and details of calculation of retirement allowances [the defendant claimed that there is no retirement allowances to be paid to D since he paid retirement allowances in 200,000 won each month including monthly salary by agreement with D from September 2018. However, there is no evidence to prove that the defendant and D agreed on the division of retirement allowances as alleged above, as well as even if there was an agreement on the division of retirement allowances as alleged above, 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 waives his right to claim a retirement allowance accrued at the time of the final retirement in advance, and as a result, even if the defendant paid the amount in the name of retirement allowances to the employee pursuant to the above division of retirement allowances, the above argument cannot be accepted (see, e.g., Supreme Court Decision 2009Do8248, Oct. 13, 2011).]

1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;