The defendant is the representative of C in Pyeongtaek-si B of Gyeonggi-do who operates a manufacturing business (afusing facility).

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from March 12, 2012 to January 30, 2014 at the said workplace, and had not paid KRW 1,220,095 for 15 days’ annual paid leave allowances of retired workers D within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the defendant did not pay the retirement allowance of KRW 3,674,145 to the above D at the above workplace 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. Written complaints filed by D and statements by the police;

1. A contract for employment of annual salary;

1. Details of holidays and application of the statutes governing work sites;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and 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. Determination on the application of the O sentencing guidelines for the reason of sentencing under Article 59(1) of the Criminal Act (a postponed punishment: a fine of 500,000 won per day: a fine of 100,000 won): It shall be taken into consideration all all the circumstances, including the fact that the defendant deposits 1,220,095 won for annual leave allowances, and the fact that the retirement allowances have been actually paid;