Where the defendant does not pay the above fine, 100,000 won shall be one day.

The defendant was the representative of the Nam-gu, Nam-gu, Seoul Special Metropolitan City, and was the employer who runs the manufacturing business of steel structures by utilizing 18 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Defendant did not pay KRW 5,218,450, in total, the wage of KRW 2,217,520 on July 7, 2017, and KRW 2,321,980 on August 8, 2017, and KRW 5,218,450 on September 7, 2017, which had worked in the said workplace from June 7, 2016 to September 8, 2017, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

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

The Defendant did not pay the retirement allowances of 4,767,236 won in G, who worked in the same workplace from October 1, 2013 to October 29, 2016, and two employees, including F’s retirement allowances of 2,729,007 won in the same workplace from June 7, 2016 to September 8, 2017, respectively, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (F, G);

1. Each written petition (F, G);

1. A benefit ledger and a retirement allowance calculation statement;

1. Application of statutes governing business registration certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the 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 Concurrent Crimes (limited to a violation of the Labor Standards Act for Workers F and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of a fine for negligence;

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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows.