Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in Sacheon-si, who runs the manufacturing business using 32 full-time workers.

When a worker dies or 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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 46,57,969, including KRW 2,677,791, which was employed and retired in the above C from November 14, 2018 to February 29, 2020, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as shown in the list of crimes in the attached Table.

In order to recognize that the victim has expressed his/her wish not to punish or withdrawn his/her wishing to punish in a crime of non-violation of intention, it should be expressed in a way that the victim is able to express and believe the true will of the victim.

(see, e.g., Supreme Court Decision 2012Do3166, Sept. 13, 2012). 4th trial date, the Defendant submitted a written agreement, etc. that did not attach the written agreement even though the submission of the written agreement was ordered by supplementing materials verifying the identity, etc. of the originator, and subsequent documents verifying the intent of the originator were not submitted. Thus, it is difficult to view that the employee’s intent not to punish was expressed in a way that is obvious and reliable. Thus, the Defendant guilty of the instant charges.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to each written retirement allowance calculation;

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

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

1. The Criminal Act for the detention of a workhouse;