If the defendant fails to pay the above fine, 50,000 won shall be one day.

The defendant is the actual representative of the D Child Care Center in Gwangjin-gu Seoul Special Metropolitan City who employs nine full-time workers and operates a child care center.

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

Nevertheless, the Defendant did not pay the Defendant’s wages of KRW 1,100,000 on March 13, 2008 to May 31, 2013, as well as KRW 1,100,000 on April 1, 2013 of the same year, and KRW 3,300,000 on the aggregate of KRW 1,10,000 on May 1, 201 to May 31, 2013, and KRW 1,00,000 on May 1, 2013, 200, as well as KRW 1,00,000 on May 31, 2013 between the parties, without agreement on extension of the payment date.

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

Nevertheless, the Defendant did not pay the retirement allowances of KRW 5,076,771 and KRW 1,141,750 as well as KRW 1,750 as stated in paragraph (1) within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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