Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

As the representative of the D Co., Ltd. in Jongno-gu Seoul Metropolitan Government 1205, the Defendant is working from January 1, 2012 to April 1, 2014.

The retirement allowance of the retired E was not paid 6,105,570 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the settlement of payment notes, account transactions, and D retirement allowances;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is that the Defendant is the representative of D Co., Ltd. in Jongno-gu Seoul Metropolitan Government 1205, and works from December 3, 2009 to May 15, 2014.

B’s retirement pay of KRW 8,00,000 in total, and the retirement allowance balance of KRW 8,000,000 in addition to the wage balance of KRW 657,820 in January 2014, as indicated in the attached Table of Crimes, was not paid within 14 days from the date of retirement without any agreement on extension of the payment due date between the parties concerned.

2. The facts charged in this part of the judgment are the crimes falling under Articles 109(1) and 36 of the Labor Standards Act, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, which cannot be prosecuted against the victim's explicit intent under Article 109(2) of the Labor Standards Act, and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the employee B withdraws his/her intent to punish the defendant after the public prosecution of this case. Thus, the prosecution against the violation of the Labor Standards Act and the violation of the Act on the Guarantee of Workers' Retirement Benefits is dismissed under Article 32