The defendant, as the representative of the Co., Ltd. in the Dong-gu Seoul Metropolitan City B, is an employer who runs a vehicle leasing business using six 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;

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

Nevertheless, the Defendant did not pay 4,00,000 won in total, including D’s wage of 1,500,000 won in July 26, 2013 to October 8, 2016 and wage of 2,500,000 won in August 2016, within 14 days from the date of retirement without agreement between the parties to the extension of payment date.

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

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

Nevertheless, the Defendant did not pay the amount of KRW 9,95,689, respectively, within 14 days from the date of each retirement without an agreement between the parties on the extension of the payment date, as well as the total amount of KRW 9,95,689,00,00,000 for two employees, including KRW 7,846,185, and KRW 185, and KRW 2,149,50, working in the said workplace from July 26, 2013 to October 8, 2016, from October 13, 2015 to November 14, 2016.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each fact-finding statement;

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

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement);

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

1. Selection of each alternative fine for punishment;