Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

The Defendant is the Chairperson, an incorporated association E (hereinafter referred to as the “instant Association”) in Yeonsu-gu Incheon Metropolitan City D, who engages in a service business using four full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the total of KRW 3,760,00 as wages of F working as a cleaning agent of the building from December 13, 201 to September 30, 2015; KRW 940,000 on June 6, 2015; KRW 940,000 on July 7, 2015; KRW 940,000 on August 8, 2015; and KRW 3,760,000 on September 20, 2015, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant did not pay 3,497,866 won of F's retirement allowance working as a building cleaning agent from December 13, 201 to September 30, 2015 at the same place of business within 14 days from the date of the retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Application of the Acts and subordinate statutes of each labor contract;

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. The order of provisional payment;