Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is the representative of the Dongdaemun-gu Seoul Metropolitan Government (U.S.D.) and is a person who employs four full-time workers and has engaged in the automobile repair business.

The Defendant did not pay 38,343,830 won of retirement pay E of retired workers who worked in the said workplace from January 1, 2003 to December 1, 2015, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

[Judgment]

1. Each legal statement of witness F and E;

1. Each fact-finding certificate;

1. Application of Acts and subordinate statutes to each labor contract, a copy of wage ledger;

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 defendant's assertion and judgment on Article 334 (1) of the Criminal Procedure Act

1. The summary of the argument E is that, during the period of service, the Defendant was paid with the annual salary system under the agreement between the Defendant and the Defendant, and thus, the Defendant does not have a retirement allowance to be paid to E.

2. On the other hand, as alleged by the Defendant, a certain amount of money was paid under the name of retirement allowance in the wages paid by E, even if so determined.

Even if the employee's retirement benefits guarantee provides that the employee shall prepare a system that allows the employee to pay retirement allowances to the retired employee, and the employee's retirement benefits are generated only by the requirement of termination of the employment relationship, and there is no room for the employee to pay retirement allowances in principle during the duration of the employment contract. Thus, the employee agreed to pay a certain amount of money under the name of retirement allowances in the monthly payment between the employer and the employee

Even if it is not effective as a retirement allowance (see Supreme Court Decision 2006Do3898, Sept. 22, 2006, etc.). Therefore, the defendant's assertion is made.