Defendant shall be punished by a fine of 2.5 million won.

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

Punishment of the crime

The defendant is an actual manager of the D Co., Ltd. in Ansan-si, a member-gu, who runs a construction business using four full-time workers.

1. If an employee dies or retires, the employer in arrears of the Labor Standards Act shall pay him/her wages, compensations, and all other money or valuables within 14 days from the time 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 employed from September 17, 2012 to July 31, 2015 at the said workplace, and did not pay KRW 4,059,750,000, including the total of KRW 1,750,000 on June 2015, to E retired from the said workplace, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

2. If an employee in arrears violates the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the employee a retirement allowance within 14 days after the ground for such payment occurred;

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

Nevertheless, the Defendant worked in the said workplace from September 17, 2012 to July 31, 2015, and did not pay 6,912,190 won, including retirement pay 4,201,190 won, and retirement pay 2,711,000 won to the retired employee from the said workplace from January 24, 2014 to June 10, 2015, and did not pay 6,912,190 won to the retired employee within 14 days from the date of retirement without an agreement on extension of the payment date between the respective parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Some of the E statements;

1. Account transactions;

1. Application of Acts and subordinate statutes on the details of respective wages in arrears and the calculation of retirement allowances (including documents attached to a written statement of E);

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Code of Trade and Trade (E).