If the defendant does not pay the above fine, KRW 100,000.

The defendant is an actual E in Yongsan-gu Seoul Metropolitan Government E and a user who ordinarily employs five workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 worked in the above workplace from September 7, 2009 to April 15, 2016 and did not pay KRW 2,500,000 to retired workers in March 2013, 200, wage of KRW 2,500,000 in March 2014, wage of KRW 50,000 in April 2014, and wage of KRW 2,50,000 in July 2014 within 14 days from the date of the occurrence of the cause for payment between the parties without agreement on the extension of the date of payment between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace from September 7, 2009 to April 15, 2016, and did not pay 17,205,535 won of retirement pay of retired workers F from the above workplace within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without an agreement excessive to the extension of the payment period between the parties.

Summary of Evidence

1. Legal statement of witness F;

1. Statement of transactions by account;

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 concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall be wages at the F’s request.