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

The defendant is the representative of Co., Ltd. in Seo-gu Incheon, who is a full-time employee and runs a wood-making manufacturing business using 13 full-time workers.

1. An employer of any portion not paid wages shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the defendant worked in the above workplace from September 1, 2012 to March 31, 2016 and did not pay the amount of KRW 2,306,140 in February 2016, and monthly wage of KRW 2,531,190 in March 201, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. Where a worker retires, an employer of a portion unpaid as a retirement allowance shall pay such retirement allowance within 14 days from the date on which the grounds for payment occur.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay KRW 5,426,147 of D's retirement pay as above within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the petitions and written statements of D;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;