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

1. The Defendant in violation of the Workers' Retirement Benefit Security Act is an employer who operates the former F building during Gyeyang-gu and the Fund in 1205.

An employer shall, when a worker retires, pay his/her 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.

The Defendant was working for the pertinent company from August 6, 2012 to March 31, 2015, and did not pay KRW 10,287,123 of H’s retirement pay to the Defendant within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline.

2. An employer in violation of the Labor Standards Act shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract;

In such cases, the employer shall deliver workers with a document specifying the constituent items, calculation method, payment method, small work hours, holidays, and the matters of annual paid leave.

On August 6, 2012, when concluding a labor contract with the above H at the business establishment of the above company, the Defendant did not deliver a document regarding the constituent items of wages, calculation method, payment method, small working hours, holidays, and annual paid leave.

Summary of Evidence

1. The legal statement of the witness H and I;

1. Application of Acts and subordinate statutes on retirement allowance invoices, business registration certificates, details of passbook transactions, inquiry into past transaction details, receipts collecting sources of business income of residents, entire registered matters, certificates of registration, text data on cellphones, and details of benefits;

1. Article 44 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 44 subparagraph 1 of the Act on the Guarantee of Retirement Benefits for elective Workers (the fact that payment of retirement benefits is not made, the selection of fines), Articles 114 and 17 of the Labor Standards Act (the fact that a violation of the duty to specify working conditions is committed);

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. The Criminal Procedure Act of the Provisional Payment Order.