Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is the third representative director in the second floor of Seocho-gu Seoul Metropolitan Government, who is a user who operates software development business using three full-time workers.

(a) 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant worked in the above workplace from March 17, 2014 to December 31, 2015, and retired from the above workplace from November 3, 2015, as well as KRW 24,433,670, in total, was not paid within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, as shown in the list of crimes in the attached Table.

(b) When a worker dies or retires, the employer shall pay the retirement allowance 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 employed in the above workplace from March 17, 2014 to December 31, 2015 at the above workplace and did not pay 18,039,720 won in total, including 7,314,600 won of D retirement pay and retirement pay of 7,314,600 won, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. Application of the statutes governing the settlement of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.