Defendant shall be punished by a fine of KRW 700,000,000 against a single set of crimes.

The above fine shall be imposed on the defendant.

The defendant is a representative director of Gangdong-gu Seoul Metropolitan Government, who is the Co., Ltd., and operates a software development and maintenance business using 15 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 the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, as shown in the table No. 1 of the annexed crime list No. 1, did not pay KRW 13,723,90 of the retirement pay balance of retired D's retirement pay to the above workplace from November 1, 2007 to February 11, 2016, within 14 days after retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Written petition of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged did not pay each retirement allowance to E, F, G, H, and I within 14 days after retirement without any agreement between the parties on the extension of the payment deadline, as stated in Nos. 2 through 6 of the list of offenses in the attached Form No. 6.

2. Determination

(a) Applicable law: Article 44 subparagraph 1 of the Guarantee of Retirement Benefits of Workers, and Article 9 of the same Act;

(b) Crimes of non-violation of will: The proviso to Article 44 of the Guarantee of Retirement Benefits of Workers;

C. Unwritten expression of intention to punish: The victims shall submit an unwritten request for punishment after the prosecution of the instant case was instituted.

(d) Judgment dismissing a public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;