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 is the actual manager of D in the Nam-gu Incheon Metropolitan City, and the user who runs the manufacturing business by employing 24 full-time workers.

When an employee retires, an employer shall pay the wages, compensations, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 7,689,864, including the sum of the annual paid leave allowances paid on January 1, 2009 to around November 30, 2014, 2,510,976, annual paid leave allowances paid on January 1, 2012 of the retired workers E, and KRW 2,510,976, annual paid leave allowances paid on January 1, 2013, and 2,510,976, annual paid leave allowances paid on January 1, 2014, without an agreement between the parties to an extension of payment.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 17,410,440 of the retirement allowances of workers E retired while working for the said business from January 1, 2009 to November 30, 2014, within 14 days from the date of retirement without any agreement on the extension of the date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on monthly salary statements;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

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

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