A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the operator of D Co., Ltd. in Busan Nam-gu, who employs 30 full-time workers and carries on service business.

1. Where 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;

Nevertheless, the Defendant did not pay KRW 1,334,920,00 from May 5, 2010 to October 30, 2012, to E, who worked as an engineer of boiler room at the said company, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer under the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days after a cause for such payment occurred; and

Nevertheless, the Defendant did not pay retirement allowances of KRW 4,024,260 to the above E within 14 days from the date of retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to police statements concerning E;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;