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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative director E in the second floor of the Seocho-gu Seoul Metropolitan Government D Building, who is a user who runs the landscape construction business using 49 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant, while working in the above workplace from September 6, 2008 to December 29, 2009, did not pay 2,907,740 won of F's retirement pay to retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. A detailed statement of benefit passbook transactions;

1. Business registration certificate;

1. A written calculation of retirement allowances;

1. To apply Acts and subordinate statutes on the acquisition and reporting of internal investigation data and the details of F benefits;

1. Relevant legal provisions concerning criminal facts and Articles 31 and 9 (Selection of Fine) of the former Guarantee of Workers' Retirement Benefits Act (Amended by Act No. 10967, Jul. 25, 2011);

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. The defendant and his defense counsel asserted that the employee F's retirement allowance claim was extinguished by prescription, and that the completion of the extinctive prescription was retroactive, so the defendant did not have the obligation to pay retirement allowances retroactively to the date of retirement, and therefore did not constitute a violation of the Guarantee

Article 9 of the Guarantee of Workers' Retirement Benefits Act provides, “Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date when the cause for such payment occurred” and imposes an obligation to pay the retirement allowance on the employer.

At this time, the term "user" means a business owner, a person in charge of business management, and other workers.