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.

Punishment of the crime

The defendant is a person who is a manager of the dispute resolution department D in building B in Songpa-gu Seoul Metropolitan Government and operates a construction business (plant) with 14 full-time workers.

1. When a worker dies or retires, the employer 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 did not pay KRW 6,00,000,000 in total, including KRW 3,000,000 in October 2, 2016, and monthly wage of KRW 3,000,000 in November 2016, to whom he retired from the said workplace as from January 21, 2015 to November 30, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

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 KRW 5,527,562 of the retirement allowances of E retired from the said workplace from January 21, 2015 to November 30, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on a retirement allowance statement, a statement of benefits, and details of transactions of admission and withdrawal;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of an alternative fine for punishment;

1. Taking into account the sentencing conditions indicated in the instant case, such as: (a) the fact that the injury of the relevant worker was not recovered due to the sentencing of Articles 70(1) and 69(2) of the Criminal Act; and (b) a considerable period from the date of payment.