Defendant shall be punished by a fine of KRW 800,000.

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

Punishment of the crime

The defendant is a user who runs a new and renewable energy business using ten full time workers as a representative of Seongdong-gu Seoul Metropolitan Government building B and D Co., Ltd. in subparagraph (C).

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 4,178,820 within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as wages of October 2013, 2013, the sum of KRW 982,350, and wage of KRW 3,196,470, Nov. 1, 2013.

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

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

Nevertheless, the Defendant did not pay KRW 10,317,580 of E retirement pay from May 1, 2010 to December 27, 2013 at the same place of business within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. E’s statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

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