Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The Defendant is a representative of “C” located in Sungnam-gu, Sungnam-si, and is an employer who engages in funeral business by using one full-time worker.

1. The Defendant did not pay KRW 31,400,000 in total, as well as KRW 700,000 in the D’s wage for January 1, 2008 to March 31, 2012, as well as KRW 31,40,00 in total, as “the details of personal arrears” in the above workplace, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned.

2. The Defendant did not pay KRW 4,606,027 of D’s retirement pay from June 1, 2008 to March 31, 2012 at the same place of business within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the statement of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;