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

The defendant is a business owner who ordinarily employs one worker as the actual representative of Da located in Masan-si, Changwon-si, Changwon-si, and is an employer who sells fishing products.

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

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

Nevertheless, the defendant is in charge of sales business from April 3, 2017 to February 10, 2019 at the above workplace.

4,653,549 won of retirement allowances of retired D was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to correct statements by complainants;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinion of the prosecutor: A fine of one million won;

4. The Defendant, who was sentenced to a sentence, did not pay KRW 4,653,549, a retirement allowance for one employee.

In the course of investigation, it was not good that the labor inspector is under investigation, such as being investigated at the end of summons several times.

It seems that retirement benefits are still unpaid.

One time of fine due to the violation of the Labor Standards Act.

However, the defendant recognizes the crime.

Unlike the absence of payment due to management difficulties, it cannot be seen that there are malicious circumstances.

There shall be no criminal records exceeding fines against the accused.

The age, character and conduct, environment, and victim of the defendant.