If the defendant does not pay the above fine, 50,000 won.

The defendant is the representative of D Co., Ltd. 14th floor of Young-gu, Suwon-si, who runs a manufacturing business with ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, at the foregoing place of business, worked as the chief of division from January 3, 2010 to October 31, 2012, and retired from the said place of business, did not pay KRW 3,500,000 on October 20, 2012 within 14 days from the date of retirement without any extension agreement between the parties on the date of payment.

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 if special circumstances exist.

Nevertheless, the Defendant did not pay the retirement allowance of KRW 2,923,120, which occurred during the above service period, within 14 days from the date of retirement without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to the E’s petition and a statement for calculation of retirement allowances;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, the selection of fines for negligence;

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. Part concerning the dismissal of prosecution under Article 334 (1) of the Criminal Procedure Act;

1. The summary of the facts charged is the representative of D Co., Ltd. with the fourteenth floor of the building C in Suwon-gu, Suwon-si.