1. The defendant shall be punished by a fine of five hundred thousand won;

2. 50,000 won where the defendant does not pay the above fine.

Punishment of the crime

The defendant is the representative of a limited liability company D in the window C of Changwon-si, who runs the taxi transport business using 51 full-time workers.

From November 27, 2003 to December 10, 2011, the Defendant paid only 4,074,8466 won out of retirement allowances of 8,966,186 won to E retired workers while serving as taxi drivers in the above D from November 27, 2003 to December 10, 201, and did not pay the remaining 4,891,340 won within 14 days from the date of retirement without any agreement on the extension of the payment period.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The second police interrogation protocol which contains some statements about the accused;

1. Statement to E by the police;

1. Report on investigation results;

1. Application of Acts and subordinate statutes to a collective agreement (Conclusion of a collective agreement with a suspect), (a) agreement (Conclusion of a contract between a suspect and a private-household), a retirement allowance calculation statement (E), wage ledger (E), a written objection to a major trade union (from November 201 to February 2012), a statement of the current status of service (from September 201 to June 201), data related to the confirmation of representative bargaining unions in 2011, a document related to administrative litigation, a written judgment, and a statement of personal overdue money and valuables (4).

1. Article 44 of the Act applicable to facts constituting an offense, and subparagraph 1 of Article 44 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

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

3. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserted (1) paid the full amount of retirement allowances calculated on the basis of the amount actually paid to E for the last three months, which is the amount calculated on October 28, 201 in accordance with the Wage Convention (Agreement concluded with the Gyeongnam Regional Headquarters of the National Taxi Industry Workers' Union) as of the time of the payment of retirement allowances, and thus there is no unpaid retirement allowances.

(2) In addition, the defendant shall retroactively apply the wage agreement dated October 28, 201 when he/she cannot conduct collective bargaining with a Korean taxi industry trade union recognized as a representative trade union by decision of the Regional Labor Relations Commission.