Defendant shall be punished by a fine of KRW 500,000.

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

Punishment of the crime

The defendant is an employer who is the representative of the Dental Institute in Busan Shipping Daegu C, and is engaged in driving school business as the representative of the Dental Institute.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from February 17, 2010 to around September 16, 201, did not pay KRW 5,005,363 of E retirement pay within 14 days from the date on which the cause for payment occurred, even though he/she retired from the above private teaching institute on or around September 16, 2011.

Summary of Evidence

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

1. Statement of E;

1. Application of Acts and subordinate statutes on retirement certificates;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the fact that many defendants commit the instant crime; and (b) there are some points to consider that the defendant delayed the payment of retirement allowances, such as disputes between transferor and the person who received retirement allowances as stipulated in the contract for the transfer of the instant driving school; and (c) the fact that the defendant paid 3.8 million won out of the instant retirement allowances to employees.