Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The Defendant, in the name of “C” and “D” in the north-gu, Northern-si, Pohang-si, was engaged in the manufacturing industry (the steel cutting and production) using 40 full-time workers.

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

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

Nevertheless, the defendant did not pay 865,000 won of E's wages retired on May 19, 2015 to the employees of the above workplace until 14 days from the date of retirement without agreement between the parties on the extension of payment deadline.

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; and

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

Nevertheless, the Defendant did not pay KRW 821,424 of E's retirement pay retired on May 19, 2015, to the lapse of 14 days from the date of retirement without agreement between the parties on the extension of payment due date, and did not pay KRW 35,888,645 in total, as stated in the detailed statement of money and valuables in arrears attached hereto, to the retirement worker 14 days from the date of retirement without agreement on the extension of payment due date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, H, and I;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Article 109(1) and Article 36 of the Act on the Standard of Voluntary Employment in Criminal Matters, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits for Workers, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits for Workers, and the choice of each fine [the fact that the retirement payment is not paid] for each apartment owned by the defendant.