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

The defendant of "2016 Highest 2221" is an employer who operates a private teaching institute business by ordinarily employing 15 workers under the trade name of "D" in Busan Northern-gu C.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant was working until January 1, 2016 at the same place of business and worked until November 10, 2015 for the employee E's retirement pay of KRW 3,60,000,000 of the retired employee E, and did not pay KRW 3,156,380 of the retirement pay of the retired employee E within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of the detailed statement of money and valuables in arrears to statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

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

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. Summary of the facts charged

(a) High Order 2221: Violation of the Labor Standards Act and the Workers’ Retirement Benefit Security Act, which provide the following: Serial Nos. 2 through 11, 13 of the detailed statement of money and valuables in arrears in attached Form 2016;

(b) The fact that the employee G retired while serving in the pertinent private teaching institute from January 22, 2016 to February 24, 2016 violates the Labor Standards Act and the Guarantee of Retirement Benefits of Workers due to the unpaid wage of KRW 700,000,000,000,000,000,000,000,000;

2. Determination and conclusion

(a) Applicable legal provisions: Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

(b) A crime of non-compliance with labor: Article 109(2) of the Labor Standards Act, and Article 109(2) of the Workers’ Retirement Benefit Security Act.