Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant, as the representative of C (State) in the Gu and America, is an employer who runs an electronic parts manufacturing business using two full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 10,639,730 and KRW 5,585,011 of the retirement pay of D's retirement pay retired on December 1, 2015 at the said workplace and KRW 14 days from the date of occurrence of the cause for payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers Eligible for Determination of Punishment, and Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts to the effect that the defendant's responsibility should be dismissed, since the company could not pay retirement benefits from the rehabilitation procedure to the company during the period of rehabilitation.

2. On the basis of the reasons that the company's infertility does not allow the employer to delay the payment of wages or retirement allowances to the employee, and the fact that the employer was unable to prevent the delayed payment of wages or retirement allowances even if he/she fulfilled his/her gender and efforts can be affirmed in light of the social common sense and that it is recognized that the employer was unable to expect more lawful acts or that he/she was an inevitable circumstance, within the fixed date of wages and retirement allowances under the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act.