A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the representative of the LAB and is an employer who runs the manufacturing business using 20 full-time workers in Kimpo-si, Kimpo-si.

The Defendant did not pay KRW 2,157,530 of the retirement allowances of retired workers D within 14 days from the date of his/her retirement without agreement between the parties on the extension of the payment date of money and valuables at the above workplace from August 4, 2010 to February 28, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to statement statement D and E;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

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 gist of the Defendant’s assertion lies in the purport that there are justifiable grounds for not paying retirement allowances, on the grounds that, at the time of the employment contract, the Defendant entered into a voluntary agreement to increase the amount of retirement allowances instead of giving up retirement allowances in the event that the employee and the employee failed to achieve the sales target at the time of the achievement of the sales target, and that there were various financial preferential treatments from

2. On the one hand, the retirement allowance system provides a continuous service for a period of not less than one year, and where a worker retires, the employer has accumulated a part of the wage for the provision of the worker's work, and the worker retires with basic financial resources, and thus, the amount of retirement allowance is paid in lump sum at the time of the worker's retirement. In essence, an agreement to waive the right to claim a retirement allowance in advance is null and void, and the payment of other forms of money based on such an agreement (including the wage portion or granting tax benefits, etc.) shall not be deemed a retirement allowance payment.

The defendant has not paid retirement allowances within 14 days from the date of his/her retirement.