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 the representative of the F Co., Ltd. E in Southyang-si, who runs a service business using 15 full-time workers.

Defendant did not pay KRW 8,989,771 of G retirement pay from the above company from January 31, 2013 to April 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. A protocol concerning the examination of suspect of the police officer;

1. G statements;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Article 44 of the relevant Act on criminal facts and Article 44 subparagraph 1 and Article 9 of 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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the Defendant paid the retirement allowance according to the effective retirement allowance division agreement between G, and there is no obligation to pay the retirement allowance, and there is no ground to dispute as to the existence of the obligation to pay the retirement allowance, so there is no intention in violation of the Guarantee of the

2. Determination

A. 1) In a case where an employer and an employee agreed to pay a certain amount of money in advance along with a monthly wage or daily wage paid by the employer and the employee, the agreement is null and void in violation of Article 8 of the Guarantee of Retirement Benefits for Workers, as it gives up in advance the employee’s right to claim a final retirement allowance, unless it is acknowledged as an interim settlement of the amount under the main sentence of Article 8(2) of the Guarantee of Retirement Benefits for Workers, and thus, it is invalid in violation of the provisions of Article 8 of the Guarantee of Retirement Benefits for Workers, which is a law and subordinate statutes. As a result, even if an employer paid a certain amount of money in the name of the employee pursuant to the above agreement on the division of retirement allowances, the payment of retirement allowances is not effective (see Supreme Court Decisions 2007Da90760, May 20, 201; 2009Do8248, October 13, 2011).