Defendant shall be punished by a fine of KRW 1,500,000.

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

Punishment of the crime

The defendant is the representative of the D Accounting Corporation (1122) in Yeongdeungpo-gu Seoul Metropolitan Government, who runs the accounting business using ten 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 payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 6,868,906 of the retirement allowance balance of E retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, as the Defendant worked as an executive secretary once from March 1, 2008 to October 31, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by a labor supervisor for E;

1. A written calculation of average wages and retirement allowances [the defendant and his/her defense counsel shall, in calculating average wages, divide the performance-based rates paid by E for 12 months prior to his/her retirement into the number of months worked during the period of his/her retirement in accordance with Article 96 of the established rules of the Ministry of Labor. However, in light of the fact that E received monthly performance-based rates from February 2, 201 to October 201, and that Article 96 of the established rules of the Ministry of Labor of the Ministry of Labor does not apply to cases deemed as applicable to performance-based rates by one year, the defendant and his/her defense counsel’s assertion is not acceptable].

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;