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

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

Punishment of the crime

The defendant is the representative of the E Hospital located in Busan Island and is an employer who runs a health business using 120 full-time workers.

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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working as an oriental medical doctor from November 7, 201 to July 31, 2014 at the same workplace.

Retirement allowance of retired FF 13,374,031 won and an oriental medical doctor from March 3, 2010 to August 17, 2014.

2,205,527 won of retirement allowance of the retired G was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement in F and G preparation;

1. The application of Acts and subordinate statutes to a copy of each employment contract, a copy of business registration certificate, and calculation of average wages and retirement allowances;

1. Relevant Acts concerning facts constituting an offense and Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Articles 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Determination on the assertion by the Defendant and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act for the confinement of the workhouse

1. The defendant and his defense counsel asserted that ① the defendant did not have any intention to commit the crime of violating the Act on the Guarantee of Workers' Retirement Benefits, as he included monthly salary in F and G and paid retirement allowances. ② Even if the annual salary contract including the above retirement allowances is invalid, the defendant did not have any duty to pay retirement allowances.

2. An agreement that requires a judgment employer and an employee to pay, in advance, a certain amount of money with a retirement allowance, along with a monthly salary or daily allowance paid by the employee (hereinafter “retirement Allowance Division agreement”).