1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Punishment of the crime

The defendant is a representative director of the Gyeonggi-gun, which is located in Gyeonggi-gun B, and is an employer who operates accommodation service business by employing seven regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and 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 above workplace worked from June 7, 2006 to February 28, 2014, and was retired from office as of March 1, 2014; KRW 1.5 million for the month of August 2013; KRW 1.5 million for the month of September; KRW 1.5 million for the month of November; KRW 1.5 million for the month of December; KRW 1.5 million for the month of December; KRW 1.5 million for the month of January 1, 2014; KRW 1.5 million for the month of January 1, 2014; and KRW 1.5 million for the month of February; and KRW 1.5 million for the month of February without any agreement on the extension of the payment term between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the employee D's retirement allowance of KRW 11,605,479 was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of questioning by the police against D or the defendant;

1. Written statements prepared in D;

1. A written calculation of average wages and retirement allowances;

1. Application of statutes on business registration certificates;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of retirement allowances) and the choice of each fine concerning criminal facts;

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.