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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the representative of the C Language Research Institute in Gangseo-gu Seoul Metropolitan Government, who ordinarily employs three workers and operates the English Private Teaching Institute.

From February 1, 2010 to July 13, 2012, the Defendant, at the same place of business, did not pay 12,766,989 won, respectively, within 14 days from the date of retirement, including D’s wage of 676,00 won for April 1, 2012 as an English instructor of the host book, as well as the total amount of 12,76,989 won as wages and retirement allowances of 2,76,989 won as specified in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant (as of the second trial date);

1. Legal statement of witness D;

1. E statements;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the Defendant’s assertion on the provisional payment order under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the payment of retirement allowances to the employee D cannot be recognized as being paid in advance as the amount of retirement allowances paid in installments for the employee D was included in the monthly wage. However, there is no evidence that the Defendant paid retirement allowances in advance, and if an employer and an employee agreed to pay a certain amount in advance as retirement allowances together with the monthly wage or daily wage paid by the employee, the agreement waivers the employee’s right to claim retirement allowances incurred at the time of the final retirement unless it is acknowledged as the interim settlement of retirement allowances as stipulated in the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act, and is null and void as it violates Article 8 of the same Act