A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the representative of a stock company C in Daegu Dong-gu, and is an employer who provides service business (cargo transport service business, etc.) using 95 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 extenuating circumstances.

Nevertheless, the defendant is working from November 22, 2017 to December 3, 2018 at the above workplace.

The retirement allowance of retired workers D was not paid 2,668,513 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Statement of each police statement regarding D;

1. Report on the acquisition of internal investigation data;

1. Current status of service and details of payment of benefits;

1. Details of wages payment;

1. A statement of calculation of retirement allowances (D formally is a daily worker, but as long as the relationship of daily employment has been continued without suspending it, it shall be deemed a regular worker, and even if D is absent on several occasions during the period of employment, it cannot be deemed that the relationship of continuous employment has been interrupted. Therefore, the defendant bears the duty of payment of retirement allowances to D). The application of statutes

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;