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

The defendant is the representative of the D cafeteria in Gangnam-gu Seoul, who is a user who runs a Chinese restaurant using ten 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, and all 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 did not pay the total amount of KRW 9,40,000 to two retired workers within 14 days from each retirement date without agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Table, including KRW 1,548,387, retired from the said workplace to July 24, 2015, as well as KRW 1,548,387 of E retired from the said workplace from July 2015.

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

Nevertheless, the Defendant did not pay KRW 7,213,275, as well as KRW 3,088,964, retired from the said place of business from December 5, 2010 to July 24, 2015, within 14 days from the date of each retirement without an agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of F and E;

1. Application of the Acts and subordinate statutes governing passbooks;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.