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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the representative of the corporation D, which is in Simsan City, and is an employer who runs textile manufacturing business using 15 full-time workers.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

However, the Defendant did not pay KRW 7,812,046, and F retirement pay KRW 3,410,251, which was retired on September 23, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the petitioner's representative concerning G;

1. Application of Acts and subordinate statutes to a detailed statement for the calculation of each retirement allowance (the list of evidence Nos. 8,9);

1. Article 44 of the Act applicable to the facts constituting an offense and Article 44 subparagraph 1 and Article 49 of the Guarantee of Retirement Benefits for each worker selected as an employee;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. An employer of the summary of facts constituting an offense charged shall pay a retirement allowance within 14 days from the date when the relevant employee retires;

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

However, the Defendant did not pay KRW 2,259,431 of the retirement allowance B retired on November 26, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

2. This part of the facts charged is a crime falling under subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the employee's explicit will under the proviso of Article 44 of the same Act.

In this respect, the withdrawal of the petition bound in the record is written.