Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Criminal facts

Some of the facts charged were corrected.

The defendant is a representative director of Sungnam-si B building in Sungnam-si and D, Co., Ltd. with the 7th floor of Sungnam-si, who is engaged in the business of manufacturing communications products using two full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and 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 is working from April 1, 2017 to January 31, 2019 at the above workplace.

The retired E’s wages and bonuses totaling KRW 34,277,085, including KRW 1,984,440 on February 2, 2018, were not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

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 is working from April 1, 2017 to January 31, 2019 at the above workplace.

The retirement allowance of retired E was not paid 9,891,155 won within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement;

1. Application of Acts and subordinate statutes to a statement of appropriation of wages in arrears (18 pages of investigation records), average wages and retirement allowances (19 pages of investigation records);

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 of not paying 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. Article 70(1) of the Criminal Act for the detention of a workhouse.