Of the facts charged in the instant case, B is relevant.

The defendant, as a representative of Ansan-si C, is an employer who runs a manufacturing business using one of the above workers as a representative of Ansan-si C (State).

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 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 3,076,420 of the E’s wages in November 2015, 2015, which was retired from the said workplace from November 1, 2014 to November 30, 2015, within 14 days from the date of retirement without an extension of the payment deadline between the parties;

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the defendant did not pay KRW 3,381,200 of the retirement pay of the above worker E within 14 days from the date of retirement without the extension of payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to E’s genuine statement;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparag. 1, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of each fine for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The confinement of a fine not exceeding 700,000 won for a suspended sentence (Articles 70, 69 (2), 100,000 won per day under the Criminal Act);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the Criminal Code (see, e.g., Supreme Court Decision 6,457,620 won which is close to KRW 6,337,460 which is close to KRW 6,457,620 in total for workers E after the prosecution of this case) dismissed the public prosecution.