Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

The defendant is an actual manager of C located in Dong-gu Incheon Metropolitan City, and is an employer who runs electricity and electronic control business using two full-time workers.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working from October 7, 2014 to November 25, 2016, did not pay KRW 6,600,000 of retirement pay to retired workers D within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties to the contract, as well as KRW 12,160,628 (unpaid amounting to KRW 5,229,628) and the aforementioned company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the submission of data and labor contracts;

1. Article 44 subparagraph 1, Article 9 of the Act on the Guarantee of Retirement Benefits of Workers under the relevant Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act (the fact that the obligation to liquidate money and valuables is not fulfilled);

1. Selection of each 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant promised to pay wages in arrears and retirement allowances to workers D and repeatedly repeatedly filed a petition twice; (b) a considerable period of time from the time when the Defendant promised to pay the Defendant’s respective payment commitments (the end of September 2017); and (c) the employee D again trusted the Defendant’s repayment plan to reduce fines; (d) however, even some of them have not been paid up to now, the sentence as ordered is imposed by taking into account the following: