Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is the representative of the E Hospital in Nam-gu Incheon Metropolitan City, who operates a hospital with 120 full-time workers.

If a participant of a defined contribution-based retirement pension plan has unpaid contributions to such participant when he/she retires, the employer shall pay the contributions and interest late within 14 days from the date on which such cause occurs.

The Defendant had worked from March 1, 2012 to December 18, 2013 at the same place of business, and had not paid KRW 11,463,085, and interest 1,031,917, in short of the F's retirement pension contributions, 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. Legal statement of witness F;

1. Protocols of partial police statements concerning G;

1. Details of payment of retirement (DC), medical doctor employment contract (F), and deposit details of passbook;

1. Inquiries about payment details of charges (F);

1. Regulations on retirement pension for the fixed period;

1. The amount received as wages (F);

1. Application of a written inquiry about facts to a national bank, and statutes;

1. Article 44 of the relevant Act and Articles 44 subparagraph 2 and 20 (5) of the Act on the Guarantee of Retirement Benefits for elective Workers, 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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the scope of the payment of contributions to a retirement pension employer, the Defendant and his/her defense counsel asserted that the E hospital operated by the Defendant established a retirement pension plan and implemented it on July 1, 2012. Thus, in the case of F working from March 1, 2012, the Defendant, the employer, is obligated to pay the relevant retirement pension employer contributions from March 1, 2013, which is one year after the F was employed.

However, according to the rules of the final contribution retirement pension of this case, the defendant is to implement a defined contribution retirement pension plan with the consent of the representative of the employees of the E hospital, and the period of subscription between the National Bank of Korea and the National Bank of Korea is as of February 28, 2001.