Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

2. Before deciding on the grounds of ex officio appeal, the Prosecutor applied for changes in the indictment as stated in the following column of “criminal facts” at the trial court, and the subject of the judgment was changed by this court. Thus, the judgment of the court below cannot be maintained as it is.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows after pleading.

【Re-use Decision】 The Defendant is an employer who runs the artificial design business by ordinarily employing one worker in the name of “ARD” in the Busan-gu Busan-gu C Building.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and all other money and 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 did not pay the total of KRW 12,50,000 and retirement allowances of KRW 22,67,07,075 from March 6, 2002 to July 14, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

1. The defendant's oral statement in court;

1. Statement of the authenticity among the fact-finding or the fact-finding protocol;

1. Application of Acts and subordinate statutes on details of receipt of monthly wages, details of calculation of retirement allowances, and details of advance settlement of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (i.e., payment of wages) and Article 44 of the Guarantee of Workers’ Retirement Benefits Act.