Defendant shall be punished by a fine of KRW 2,000,000.

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 an employer who runs civil engineering business by ordinarily employing 25 workers as a representative director of D, a corporation with Busan Dong-gu C and nine floors.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 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 KRW 14,790,890 of E’s wages, KRW 600,220 of annual settled refund, and KRW 5,735,444 of annual unused allowances, and KRW 33,25,575 of annual unused allowances, and KRW 54,382,129 of annual unpaid allowances, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A detailed statement of the current status of unpaid monthly pay (at least 16 pages of investigation records), settlement status unpaid at the end of each year (at least 2:17 pages of investigation records), monthly salary (at least 2: 14 pages of investigation records), calculation of retirement pay;

1. Application of Acts and subordinate statutes to a written confirmation of work fact and monthly detailed work status;

1. Article 109 (1) and Article 36 of the Act on the Standards for Preliminary Labor Standards for Criminal Facts, Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that payment is not made due to retirement);

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;