Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative director of the C Highyang Agency Co., Ltd., which is located in the Priju City B, and is an employer who runs the retail business of household goods using six full-time workers.

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

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant employed from July 11, 2013 to June 3, 2016 at the above workplace and did not pay 1,220,343 won of the statutory retirement allowance within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, for the period of service before the retirement pension of D (from July 11, 2013 to September 30, 2014).

2. Where a ground prescribed by Presidential Decree, such as retirement of a participant of a defined retirement pension plan (where a participant retires from the business concerned), occurs, the employer is unpaid the contributions to the participant, he/she shall transfer the unpaid interest on the contributions under Article 20 (1) of the Act (at least 1/12 of the total annual wages) and delayed interest under the latter part of paragraph (3) of the same Article to the account of the defined retirement pension plan within 14 days from the date such ground arises;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 1,623,524, as well as KRW 1,623,524, within 14 days from the date of retirement without agreement on the extension of the due date for payment between the parties, in the case of D’s final and conclusive amount of contribution for retirement pension (from October 1, 2014 to June 3, 2016) 1,580,739 and interest for delay 42,785, which had been employed by the said workplace from July 11, 2013 to June 3, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to D;

1. A detailed statement of each benefit, a certified retirement allowance receipt certificate, a labor contract, a wage ledger, and a payment statement of retirement pension contributions;