Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is a representative director of D (ju) in Gyeonggi-do, who runs a construction business with 20 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.

Nevertheless, the Defendant was working for January 3, 2009 to December 10, 2015 at the construction site, etc. located in Pyeongtaek-si and did not pay KRW 21,627,539 of the retirement allowances retired from office within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Legal statement of witness E;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the details of transactions of bankbooks, details of transactions of passbooks, and details of transactions of passbooks;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that E is a worker employed as a day-time worker and works for the defendant at the work site of the defendant and does not continuously work, and therefore there is no obligation to pay retirement allowances to E.

2. The judgment worker must work for at least 25 days on an average monthly basis, but does not meet the requirements of full-time, continuity, and dependence on the worker who is the premise for the payment of retirement allowances under the Labor Standards Act, but if the worker continues to work for at least 4,5 days to 15 days in a month, the above requirements shall be satisfied.

In addition, even if a person is a worker on a daily basis, if the worker continues to be a worker without suspending the worker relationship, he/she shall be deemed a commercial worker (see Supreme Court Decision 93Da26168, Jul. 11, 1995). The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, E,