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 a D representative in the Jung-gu Seoul Central Government, who is a full-time employee and operates a manufacturing business.

Where an employee dies or retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay retirement allowances of KRW 4,037,860 to the employee E who retired while working in the same workplace from May 16, 2012 to April 19, 2014, within 14 days from the date when the cause for such payment occurred, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of E;

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

1. Application of employment contract Acts and subordinate statutes;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

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

1. The Defendant and the defense counsel on the assertion of absence of intention under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order based on the fact that according to the employment contract, the Defendant and the defense counsel stated that retirement pay is included in the annual salary, the employee’s small-scale business place has been operated, and that there has been no intention to do so from the employee.

However, there is no room for the obligation to pay retirement allowances as long as the labor contract remains in existence as the requirement for the termination of the labor relationship, the right to claim the payment of retirement allowances does not have the effect of the payment of retirement allowances as stipulated in Article 34 of the Labor Standards Act, and the agreement to receive the payment of retirement allowances by including it in the monthly pay or daily daily pay as stipulated in Article 34 of the Labor Standards Act is the final time of retirement.