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

[2014 high-level 707] The Defendant is an employer who operates a private teaching institute by employing seven full-time workers in the trade name of the Korea-U.S. D. Research Institute.

When a worker retires, an employer shall pay the worker a retirement allowance within fourteen 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 is working from April 14, 2008 to July 13, 2013 at the above private teaching institute.

On July 14, 2013, E's retirement pay 7,651,965 won of retirement pay was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

[2015 fixed-term 9] The Defendant is a business owner who employs seven full-time workers in the Gu and operates a private teaching institute for dispute resolution in the Gu and is an employer.

In spite of the fact that a worker retires from office within 14 days from the time when the cause for such payment occurred, the employer did not pay the total amount of KRW 6,046,450 to the worker F's retirement allowances, who is a scientific instructor, retired from the Korea Institute for the Settlement of Disputes (DB) on August 1, 2013, within 14 days from the date of retirement without an agreement on the extension of the due date

Summary of Evidence

[2014 High Court Decision 707]

1. Legal statement of witness E;

1. The prosecutor's office and the police statement of E;

1. Details of deposit transactions, average wages and retirement allowances calculation statement (2015, fixed9);

1. Legal statement of witness F;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. The police statement concerning F;

1. The calculation statement of average wages and retirement allowances, the details of receipt of wages of the D private teaching institute, and the application of Acts and subordinate statutes concerning entry and withdrawal transactions;

1. Relevant legal provisions concerning facts constituting an offense and subparagraph 19 of Article 44 of the Guarantee of Workers' Retirement Benefits Act that choose each type of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.