(영문) 수원지방법원 안산지원 2018.03.29 2018고정154



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

If the defendant does not pay the above fine, he shall be 100.


Punishment of the crime

The defendant is a DNA representative located in Gyeonggi-do Da, which is a user who engages in the massage service business using three full-time workers.

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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the amount of KRW 2,957,296 of the E retirement pay, which was worked on December 28, 2015 at the said workplace on August 31, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes governing the retirement allowance calculation;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.