Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the employer who employs one full-time worker as the representative of the D Council member in Yongcheon-si C and operates the above Council member.

The Defendant did not pay KRW 7,107,935 of retirement allowances E of retired workers on January 23, 201, without an agreement on extension of payment date, within 14 days from the date of retirement, while serving as an employee employed by the above member on October 5, 2011.

Summary of Evidence

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on transactions in passbook and retirement allowance calculation;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for elective Workers;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that he does not have the obligation to pay retirement allowances, since he paid retirement allowances in installments on the monthly salary paid in accordance with the agreement of the worker.

2. Determination

(a) The right to claim the payment of retirement allowances occurs only when the termination of the labor relationship, which is a retirement, and as long as the labor contract exists, there is no room for the duty to pay retirement allowances, and thus, it paid a certain amount under the name of retirement allowances on the monthly wage or daily wage paid every month;

Even if it is not effective as a retirement allowance under Article 8 of the Act on the Guarantee of Retirement of Workers, the agreement to receive the retirement allowance by including it in the monthly pay or daily pay as such is that, unless it is acknowledged as an interim settlement of the retirement allowance as stipulated in the main sentence of Article 8(2) of the same Act, the employee gives up in advance the right to claim the retirement allowance accrued at the time of the final retirement, which is null and void in violation of Article 8 of the same Act, which is a mandatory law, and that the employer shall include the retirement allowance in the daily pay or daily pay, which is not effective under the private law.