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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a business owner who runs a general restaurant business by employing ten full-time workers as the representative E located in the window of Changwon-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant, from March 16, 2010 to January 3, 2013, did not pay KRW 4,725,133 of the F's retirement pay from the above E to the B, and did not pay it within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment.

Summary of Evidence

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

1. The police statement concerning F;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes of a retirement allowance calculation statement;

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

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Part concerning rejection of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of this part of the facts charged is that the Defendant worked from the above E to the date of March 4, 2010 to the date of December 14, 2012, and did not pay KRW 2,781,823 of the retirement allowances of retired C within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

2. We examine the judgment. This part of the facts charged is a crime falling under Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, which cannot be prosecuted against the victim's express intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. The records show the fact that the victim has withdrawn his/her wish to punish the defendant on November 19, 2013, which is after the institution of the instant prosecution.