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

The defendant is the representative of the "C" in Gwanak-gu in Seoul Special Metropolitan City, who employs four full-time workers and operates a restaurant.

If an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for payment occurred, unless otherwise agreed on the extension of the payment date, but the Defendant was in charge of delivery from April 4, 2012 to August 25, 2016, and did not pay the amount of KRW 9,842,912 of D retirement allowance within 14 days from the date of retirement without any agreement on the extension of the payment date.

Summary of Evidence

1. A protocol concerning the examination of suspect of the special judicial police officer against the accused;

1. Statement made by the special judicial police with regard to D;

1. A written petition, a labor contract, and details of purchase of employment insurance [the defendant has paid a monthly retirement allowance according to the agreement on the division of retirement allowances;

Therefore, according to the evidence duly adopted and examined by this court, it appears that the defendant paid 2,30,000 won per annum of 2,30,000 won per month as stipulated in the labor contract prepared with D, but the above money paid as above is not paid through the effective interim retirement allowance settlement procedure, and thus, it cannot be deemed that the above argument was paid as retirement allowance. Thus, the above argument cannot be accepted.

Application of Statutes

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;