The defendant is a representative of Mapo-gu Seoul Metropolitan Government B and 2 who ordinarily employs six workers and operates food business.

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

Nevertheless, the Defendant did not pay KRW 420,000 of the wages of July 2014 to workers D who worked in the above workplace from April 15, 2013 to July 6, 2014 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. When a worker retires, the employer shall pay him/her retirement allowance within 14 days from the date of such retirement unless there exists an agreement between the parties on extension of the due date.

Nevertheless, the defendant did not pay KRW 2,056,167 of the retirement allowance of workers D who worked in the above workplace as described in the preceding paragraph within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

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, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decision 59 (1) of the Suspension of Sentence (see, e.g., Supreme Court Decision 2006Do1488, Apr. 2,