Defendant shall be punished by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Punishment of the crime

The defendant is an employer who is the representative of Busan Jin-gu C and runs a new launch processing business using 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant did not pay KRW 4,319,059 in total, including the sum of KRW 1,080,000,000 for April 1, 2019, the monthly wage of KRW 1,125,000 for May, and KRW 270,00 for June’s wage of KRW 270,00 for July’s wage of KRW 450,00 for retirement allowances, KRW 1,394,059 for retirement allowances, and KRW 4,319,059, without any agreement on the extension of the payment term between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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

1. Selection of each alternative fine for punishment;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.