The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant worked from July 5, 2010 to October 5, 2015 in the Dispute Resolution Co., Ltd. operated by the Defendant, and did not pay KRW 7,063,622 to D who retired from office within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of statutes governing the specifications of e-mail benefit, printed materials, recording files, or recording records;

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. Determination as to the issue of Article 59(1) of the Criminal Act (i.e., punishment of KRW 300,000 and KRW 100,000 per day of attracting a conversion: Considering the unpaid retirement pay, there are circumstances to consider the unpaid retirement pay)

1. There is an intention to pay retirement allowances not yet paid because there is a verbal agreement to pay retirement allowances in installments, including the monthly pay; and

shall not be deemed to exist.

2. Determination

A. If the employer and the employee agreed to pay in advance a certain amount of money with the monthly salary or daily allowance paid by the employer and the employee (hereinafter “retirement payment agreement”), the agreement is null and void in violation of Article 8 of the Act on the Guarantee of Retirement Benefits of Workers, unless it is acknowledged as an interim settlement of the retirement payment under the main sentence of Article 8(2) of the same Act.

Meanwhile, it is reasonable from the perspective of fairness to view that the employee should return the money in the name of the retirement allowance received to the employer with unjust benefits, if it is not recognized that the payment of the paid retirement allowance is not effective even though the employer actually paid the money in the name of the retirement allowance to the employee.

However, the retirement allowance system is defined by the law.