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

The defendant is a C representative director of a corporation located in Namdong-gu Incheon Metropolitan City, who conducts the business of manufacturing communications equipment parts using ten regular workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, 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 had worked from October 14, 2014 to February 27, 2015 at the above workplace and retired from D (D, China Koreans) for January 1, 2015 and did not pay 5,282,370 won in total of wages of 5,282,370 won in addition to D and one other, as shown in the attached crime list, within 14 days from each retirement date on which the cause for payment occurred, without any agreement between the parties on the extension of payment date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant worked in the above workplace from June 25, 2008 to October 10, 2013, and did not pay KRW 11,088,871 of retirement allowances E of retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without an agreement between the parties to the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Written statements related to D or F;

1. Application of Acts and subordinate statutes of average wages and a written calculation of retirement allowances (Evidence No. 60 pages);

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109(1) and 36 of the same Act concerning the choice of punishment, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of fines;

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