Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

[2018 High 855] The Defendant is a representative of Seoul Central Government building B and D in subparagraph C, who is an employer who runs the clothing manufacturing business using 7 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 35,283,963 of retirement allowances E of retired workers from the above workplace within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date.

[2018 High 1096] The Defendant is a person who operates a salary supply house in the name of “G” in Seoul Central Government, Jung-gu.

Defendant 1 stated that, while working in the above salary-making factory and having retired from E receive a petition for the delayed payment of retirement pay from E, he included the amount of retirement pay in the monthly wage, and stated “E” in the official column adjacent to the working conditions by using the check-type pen in light of the date, the Defendant stated “81,00, retirement pay 80, retirement pay 80,000,” “961,000,” and “E” in the daily self-employed column.

On September 15, 2017, around 09:30 on September 15, 2017, the Defendant prepared a true statement at the office of labor improvement guidance 2 branch office of the Seoul Regional Labor Agency located in Gangnam-gu, Seoul, Seoul, and held the same. As above, the Defendant submitted a copy of the labor contract under the name of counterfeit E to H of the labor supervisor who is aware of the forgery as a document duly formed.

Summary of Evidence

[2018 High Court Decision 855]

1. A protocol concerning the examination of suspect prepared by a special judicial police officer against the defendant;

1. Statement protocol prepared by police officers of special jurisdiction over E;

1. Average wages and retirement allowances;