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

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

Punishment of the crime

On January 11, 2018, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the Suwon District Court. The above judgment became final and conclusive on March 21, 2018.

The defendant is the representative of the company D Co., Ltd. located in the Dong-gu Seoul Metropolitan Government, Ansan-si, and is the employer who operates building management business by utilizing six full-time workers of the building management office in Dong-gu, Nam-gu.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

1. The Defendant is working in the same workplace from June 12, 2015 to December 31, 2016.

The retirement F's 2,054,352 won, including 1,222,830 won in the annual leave of 2016, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes committed.

2. The Defendant did not pay the total amount of KRW 5,721,902 to two retired workers, including KRW 3,644,437 of F’s retirement allowances, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police appellant with F;

1. Documents and written statements of G;

1. Details of confirmation of the fact, such as employment contract, employment succession and retirement allowance payment agreement, each retirement allowance calculation statement, telephone, etc.;

1. Previous records of judgment: Application of Acts and subordinate statutes to resident inquiry (including criminal inquiry records);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Commercial concurrence;