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

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

The defendant is the actual representative of the D company in Gwangju, who is an employer who runs gold-type manufacturing business by employing one worker at all times, and the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred when the worker dies or retires.

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

1. Nevertheless, the Defendant did not pay KRW 3,200,000 to 14 days from the date of his/her retirement without an agreement between the parties to the extension of the payment due date, which had worked from February 1, 2012 to July 31, 2013 in the above workplace.

2. Nevertheless, the Defendant did not pay KRW 4,691,360 of retirement allowances E to workers who worked from February 1, 2012 to July 31, 2013 at the above workplace without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the documents and written statements of E;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the case where the defendant, the employer, was the employee, did not pay wages and retirement allowances to the retired E within the payment period, and economic difficulties were deemed to have been suffered due to E’s failure to receive wages, etc., and in unfavorable circumstances such as where damage recovery has not yet been made, the defendant was aware of the crime of this case, and thus his mistake is in depth and the defendant is unpaid wages.