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 of Seoul Jung-gu B and underground, who ordinarily employs nine workers and operates a manufacturing business.

Where an employee retires, an employer shall pay the retirement allowance within 14 days from the date on which the relevant grounds for payment occurred, unless there exists an agreement between the relevant parties on extension of the payment date.

Nevertheless, the Defendant did not pay KRW 4,940,959 of D retirement pay, which was retired from the said workplace from March 10, 2015 to March 6, 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Legal statement of the witness D;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements and the details of transactions of passbooks that receive wages;

1. Application of Acts and subordinate statutes to a copy of business registration certificate, a copy of employment contract, average wages and retirement allowances;

1. The provision of main sentence of Article 44 and the provision of Article 44 of the Guarantee of Retirement Benefits for Workers under the relevant Act concerning facts constituting an offense, and the selection of fines;

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, upon receiving an interim application for the interim settlement of the retirement allowance from D, has already paid KRW 1.8 million to the 1650,000,000,000 per month, plus KRW 1.5,000 per month of the interim settlement of the retirement allowance and has already paid the retirement

2. In full view of the legislative intent of the interim settlement system of retirement allowances and the purport of the relevant provision, which is the nature of the later wage, the interim settlement of retirement allowances must be based on the individual nature of the employee, the gender of the employee (see Supreme Court Decision 2003Da48891, Dec. 26, 2003). In light of the following circumstances acknowledged by the evidence duly adopted and duly examined by the court and the status of D in C, and the relationship with the Defendant, the interim settlement of retirement allowances application D.