Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

1. The defendant violating the Guarantee of Retirement Benefits for Workers is the representative of the F in Seocho-gu Seoul Metropolitan Government, who is engaged in light food and drink business by making four full-time workers, G is the co-manager of the above F, and the employer is the employer, and when the worker retires, the employer shall pay the retirement allowance within 14 days after the cause for such payment occurs;

Nevertheless, the Defendant and G conspired with the Defendant, from February 4, 2013 to March 31, 2014, did not pay KRW 5,190,410 of the retirement allowance of retired workers H (I before the opening of the name) within 14 days from the date of occurrence of the relevant payment cause, without an agreement between the parties on the extension of the payment deadline.

2. In collusion with the above G, the Defendant violated the Labor Standards Act, and the Defendant did not pay KRW 5,53,570 in total amount of wages of two workers, including KRW 3,428,570, who were retired from the said workplace from March 10, 2014 to July 15, 2014, within 14 days after the cause for the payment thereof occurred without any extension agreement between the parties on the date of payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H (I), G (open L), J, and K;

1. Partial statement of the witness M;

1. Written petition filed by J and K;

1. A written calculation of average wages and retirement allowances;

1. Inquiry into the details of labor for employment insurance;

1. Application of Acts and subordinate statutes, such as a card use statement;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment, Article 30 of the Criminal Act (the fact that the obligation to liquidate money and goods is not fulfilled), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, Article 30 of the Criminal Act (the fact that retirement payment is not paid), 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. Article 334 of the Criminal Procedure Act of the Provisional Payment Order