Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of Daejeon Sung-gu C and 2015, who runs the information processing business using three full-time workers.

When a worker dies or retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 7,697,662 of the F's retirement allowances retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline from February 2, 2009 to December 23, 2016, as the computerized input in the Daejeon Employment Center E division.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness F’s legal statement Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 44 (1) and 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged Defendant had already paid retirement allowances under the agreement with the worker F.

2. Determination

(a) The right to claim the payment of retirement allowances occurs only when the termination of the labor relationship, which is a retirement, and as long as the labor contract exists, there is no room for the duty to pay retirement allowances, and thus, it paid a certain amount under the name of retirement allowances on the monthly wage or daily wage paid every month;

However, it is not effective as a retirement allowance under Article 8 of the Act on the Guarantee of Workers' Retirement Benefits, and the agreement to receive the retirement allowance by including it in the monthly pay or daily pay is in violation of Article 8 of the Act on the Guarantee of Workers' Retirement Benefits, unless it is acknowledged as an interim settlement of the retirement allowance under the main sentence of Article 8 (2) of the same Act.