Defendant shall be punished by a fine of 300,000 won.

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 of C, a corporation located in the Nam-gu B and the first floor of Incheon, who has operated a construction business (establishment of industrial machinery) with six full-time workers.

When an employee retires, an employer shall pay a 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.

Nevertheless, from November 29, 2015 to August 30, 2017, the Defendant did not pay KRW 7,019,649 of retirement pay to retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Legal statement of the witness D;

1. Written petition of D;

1. The defendant and his/her defense counsel asserted to the effect that there is no unpaid retirement allowance since he/she included monthly retirement allowances paid to workers D, and that there is no ground for dispute as to the duty to pay retirement allowances and the scope of payment of retirement allowances even if the payment of retirement allowances is null and void, and thus there is no intention to commit a crime of violating the Guarantee of Workers' Retirement Benefits Act.

However, there is no explicit written statement that the Defendant agreed to pay retirement allowances in monthly installments with D, and there was an agreement on the division of retirement allowances only by the data submitted by the Defendant to the investigative agency and this Court.

It is difficult to see it.

Even if there was an agreement on the installment of retirement pay

In light of the records, the above agreement cannot be seen as an effective interim adjustment agreement for retirement benefits in accordance with Article 8 (2) of the Guarantee of Workers' Retirement Benefits Act, and the above agreement is deemed null and void.

Therefore, the defendant's money in the name of retirement allowance is paid monthly to workers D in accordance with the retirement allowance division agreement.