Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

The defendant is a person who operates E Co., Ltd. in Gangnam-gu Seoul Metropolitan Government D and engages in real estate sales agency business, franchise business, etc.

1. When a worker retires, the 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, from July 18, 2016 to September 30, 2017, worked as the head of the division in the above company and worked as the leader in the above company from May 31, 2017 to July 6, 2017, did not pay KRW 2,553,763 of the G wage of the retired employee as the leader in the above company within 14 days from the date of each retirement without agreement on the extension of the payment date between the parties concerned.

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

Nevertheless, the Defendant did not pay KRW 3,243,00 of the F's retirement pay to the employees referred to in the above paragraph (1) within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Each police statement to G, J and F;

1. The document of F;

1. A president of the F;

1. Employment contracts;

1. K details (F);

1. Application of Acts and subordinate statutes of a civil petition, average wages and retirement allowance calculation document;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

2. Articles 40 and 50 (F of the Labor Standards Act, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on a violation of the heavier Labor Standards Act) of the ordinary concurrent crimes;

3. Selection of each alternative fine for punishment;

4. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Code shall be the largest F.