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, as the representative of D and E in Busan Seo-gu C, is an employer who employs 40 full time workers and conducts caregiver education and visiting care business.

When an employee retires, the employer shall pay retirement allowances within 14 days from the date when any cause for such payment occurred, unless the time limit for payment is extended by mutual agreement between the parties concerned, in special circumstances.

Nevertheless, from July 10, 2008 to October 27, 2010, the Defendant served as the secretary of the above workplace and did not pay KRW 3,376,059 of the F's retirement pay within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the interrogation protocol of the accused by the prosecution (including the F's statement)

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes governing the calculation of retirement allowances, the details of passbook transactions (from October 25, 008 to April 201), the copy of the business registration certificate, the F Benefit Statement (Evidence No. 66 pages), the copy of the account book (Evidence No. 68-70 pages), the content certification (Evidence No. 68-70 pages), the labor contract document, and the document verifying the eligibility for health insurance submitted by the complainant;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;