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 is the representative of D in Seo-gu Incheon Metropolitan City, who runs a manufacturing business with six regular workers.

The Defendant did not pay KRW 1,437,044, and KRW 2,507,186, in total, KRW 1,507,186, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement on the extension of the due date between the parties, for the retirement allowances of E, who worked from March 21, 201 to May 15, 201, and from December 1, 2010 to May 31, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. A true E statement;

1. Statement by telephone of the F;

1. Application of respective Acts and subordinate statutes of E and F;

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

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

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

1. The assertion by the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act;

1. When entering into an employment contract with the above workers, the alleged Defendant agreed to pay an amount equivalent to 10% of the daily allowance in installments at the time of paying the monthly salary as retirement allowance, and agreed not to pay a separate retirement allowance later, and fulfilled the obligation to pay the retirement allowance by including the monthly retirement allowance paid in advance according to the above agreement.

2. If the judgment and the employee agreed to pay in advance a certain amount of money with the monthly pay or daily pay paid by the employee (hereinafter “an agreement on installment payment of retirement allowances”), the agreement on installment payment of retirement allowances is a mandatory law to waive in advance the employee’s right to claim retirement allowances arising from the final retirement, unless it is acknowledged that the interim payment of retirement allowances under the main sentence of Article 8(2) of the Guarantee of Workers’ Retirement Benefits Act is an interim payment of retirement allowances.