Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

The defendant is the representative of the D cafeteria in Dongdaemun-gu Seoul Metropolitan Government, who ordinarily employs two workers and operates a general food business.

Defendant did not pay KRW 2,561,613 of E's retirement pay retired on June 10, 2013 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers.

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

1. The defendant and his defense counsel made a decision on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the defendant asserts that there is no intention in violation of Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits since there are grounds for dispute as to the existence of the obligation to pay retirement allowances in full when considering all the circumstances including such circumstances.

In light of the following circumstances acknowledged by the evidence in the holding, in other words, E shall receive daily allowances from July 2006 to June 10, 2013, and E shall receive wages from the above D D D D restaurant as a main unit, and E shall receive wages from the above method, which is more than other workers who receive monthly pay, but even if there is no clear agreement on the method of payment of retirement allowances between the defendant and E, even if he is a worker for daily employment, if he continues to be a worker without interruption of a daily employment relationship, E shall be deemed a worker for the continuous employment period of more than one year, and E shall be deemed a person entitled to retirement pay, and the agreement on the payment of retirement pay shall be governed by the mandatory law.