Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of D (owner) of Geumcheon-gu Seoul Metropolitan Government building 1005 and has been engaged in software development business by using 18 full-time workers.

The Defendant did not pay 12,496,100 retirement allowances to E employed workers from April 1, 2004 to December 11, 2010 at the above workplace without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to E’s genuine statement;

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

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. The summary of the facts charged is that the Defendant did not pay KRW 9,708,450, and retirement allowance KRW 26,614,383, as well as KRW 26,383, which is the date on which the cause for payment occurred, within 14 days from the date of each retirement, without any agreement between the parties on the extension of the payment period between the parties concerned, with respect to the employees B who worked in the workplace from April 1, 200 to February 16, 2012.

2. The facts charged in this part of the judgment cannot be prosecuted against the employee’s explicit intent pursuant to Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Guarantee of Workers’ Retirement Benefits Act. Since the above employee expressed his/her wish not to punish the Defendant around May 13, 2013, which was after the instant indictment, this part of the indictment is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.