The defendant is a representative of the C Company B located in Suwon-si, who has employed eight regular workers and has engaged in an advertisement manufacturing business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 did not pay the amount of KRW 116,364, total of KRW 250,630,00 from the date of retirement within 14 days from the date of retirement without any agreement on the extension of the due date between the parties concerned, in May 2010, D’s amount of wage difference (the employee’s day allowance) of KRW 116,364, and the amount of wage difference (the employee’s day allowance) in May 201, 206, from November 15, 2006 to August 31, 2012.

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 special circumstances.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 2,151,849 working at the aforementioned workplace from September 27, 2010 to August 17, 2012, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement prepared by each special judicial police officer against E and D;

1. Investigation report (whether agreement is reached and change of overdue money and other valuables);

1. Annual salary employment contracts (E), annual salary employment contracts (D);

1. Application of each relevant statute;

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

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.