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 representative of C Co., Ltd. located in Haan-gun B, and is the employer as a person in charge of business operation who operates automobile parts manufacturing business using ten full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 25,304,340 won, including 1,00,000 won in March 2016 of the retired employee D's work as production worker from November 1, 2015 to April 15, 2016 at the above workplace, and 25,304,340 won, in total, of eight employees of the above workplace, as indicated in the statement on the details of payment in arrears by each individual, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without agreement between the parties on the extension of the payment period.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 2,166,90 of the retirement allowances of retired workers E as production workers from the above workplace from December 2, 2013 to March 31, 2016, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without the agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of Acts and subordinate statutes to each written appeal and the statement of money and valuables in arrears by individual;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.