Defendant shall be punished by a fine of KRW 1,000,000.

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 construction business with five full-time workers in the workplace located in Ulsan-gu, Ulsan-gu, and is an employer. Although workers E, who worked from November 12, 2007, retired on August 8, 201, the Defendant did not pay retirement allowances of KRW 7,322,214 within 14 days from the date of the retirement without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by witnesses E in the third protocol of the trial;

1. A protocol concerning the police interrogation of the accused;

1. Statement of each police statement of the defendant and E;

1. A report on the receipt of data from each internal investigation;

1. Application of the Acts and subordinate statutes on corrective instruction concerning violations of labor relations Acts;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is the workplace in which the defendant employs not more than four full-time workers.

However, since the retirement benefit scheme under the Act on the Guarantee of Workers' Retirement Benefits was implemented for a place of business that employs not more than four regular workers from December 1, 2010, there was no part of the retirement benefits in the facts charged regarding the period of service before December 1, 2010.

2. According to the evidence examined above, the defendant's workplace operated by the defendant can be recognized as a workplace which employs not less than five full-time workers during the period of E's work. Thus, the defendant's above assertion is rejected without any need to examine the remainder of the issue.

It is so decided as per Disposition for the above reasons.