Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The defendant, as the representative of D in the racing-si, is an employer who runs the business of manufacturing motor vehicle parts by employing approximately five full-time workers.

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

Nevertheless, on July 29, 2017, the Defendant did not pay KRW 776,40,40, the bonus of E workers retired on or around July 29, 2017, KRW 776,40, the bonus of F workers retired on the same day, KRW 776,40, and KRW 776,40, and the bonus of H workers retired on the same day, KRW 3,105,60, respectively, within 14 days from the date of each retirement.

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

Nevertheless, on July 29, 2017, the Defendant did not pay KRW 13,152,640 of E’s retirement allowance of retired workers in the same day, KRW 12,792,530 of F’s retirement allowance of retired workers in the same day, KRW 12,692,240 of G’s retirement allowance of retired workers in the same day, and KRW 48,668,674 of H’s retirement allowance of retired workers in the same day within 14 days from the date of each retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; 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 Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act does not specify the amount of retirement allowances for which the accused has not been paid, the accused is aged.