Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

The defendant is the representative director of Seongdong-gu Seoul Metropolitan Government C building 305, who has operated a construction business with 350 full-time workers as the representative director.

The Defendant did not pay KRW 5,718,219 (No. 7 per annum of the daily list of offenses) to E retired from the said workplace from October 26, 2015 to March 2, 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a detailed statement for the calculation of retirement allowances, a detailed statement of labor cost, and a detailed statement of subcontract payment;

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 charge is in violation of the Guarantee of the Retirement Benefits of Workers, which is set forth in attached Table 1 through 6, 8 through 12 of the daily list of crimes committed;

2. Determination and conclusion

(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: proviso to Article 44 of the Guarantee of Retirement Benefits of Workers.

C. The victims submitted a written withdrawal of a complaint and a written non-application for punishment after the prosecution of the case was instituted.

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