The defendant is the representative of C in the Jeonsi-gu Seoul Metropolitan City, who employs two full-time workers and operates the cargo business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists any extension of the due date by an agreement between the parties concerned, due to special circumstances;

Nevertheless, the Defendant did not pay the total of KRW 17,00,000 to two retired workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as shown in the list of crimes in the attached Table, as well as KRW 500,000, which was retired from the said workplace after having worked in the said workplace from August 10, 201 to September 30, 2017.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred, unless there exists any extension of the due date under an agreement between the parties concerned, due to

Nevertheless, the Defendant did not pay KRW 11,337,100 of D retirement pay, and KRW 15,803,590 of E retirement pay retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the respective parties, as the Defendant had worked from March 15, 2009 to December 31, 2014.

Summary of Evidence

Application of the police statement law to the defendant D, E

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and Article 44 of the same Act concerning the choice of imprisonment;

1. There is no reason to consider that the defendant was unable to pay wages for reasons of sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and even if part of the defendant was made, efforts to pay wages.