Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

The defendant is the representative of D in Dobong-gu Seoul Metropolitan Government, who ordinarily employs 30 workers and operates textile manufacturing business.

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 did not pay KRW 26,87,902, respectively, within 14 days from each retirement date, which is the date on which the grounds for payment occurred, as well as KRW 21,884,02, and KRW 26,87,902, respectively, retired from the Defendant’s employment of the said company from February 22, 2012 to February 28, 2014, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. The part concerning each E in the police suspect interrogation protocol against the defendant

1. Each police statement made to E and F;

1. Details of passbooks for the transfer of benefits, details of payment of retirement pension, detailed statement of benefits, personnel card, and wage ledger (at least one investigation record);

1. Application of Acts and subordinate statutes to the details of passbook transfer, detailed statement of benefit, wage ledger (at least two books of investigation records);

1. Relevant legal provisions and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits for each Workers who were subject to the punishment [in accordance with the evidence of the judgment below, it is reasonable to view that the amount of KRW 3,776,932 that F received at the time of retirement is not retirement allowance stipulated in the above Act, but the amount obtained by deducting part of F’s wages from the amount of F’s wages]

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

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

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