Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is an employer who runs a construction business by employing four full time workers as a representative director of a joint stock company located in Changwon-si B and 1501.

1. When a worker dies or retires, an employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the defendant employed in the above workplace and worked as an on-site warden from September 1, 2015 to December 31, 2016 and did not pay KRW 21 million in total for seven months each month from January 1, 2016 to July 2016 of the retired worker D, within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

2. Where an employee retires, the employer shall pay the retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the defendant did not pay KRW 3,923,764 of the retirement allowance of the above D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written complaints of D;

1. Application of Acts and subordinate statutes governing the retirement allowance calculation;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;